Legal Opinion

Glanton Ex Rel. ALCOA Prescription Drug Plan v. AdvancePCS Inc.

Court of Appeals for the Ninth Circuit

Decided October 16, 2006No. 04-15328PublishedCited by 61 opinions

1Opinion of the Court

KOZINSKI, Circuit Judge.

We consider whether prescription drug plan participants who have suffered no judicially cognizable injury may sue their plans’ fiduciaries under the Employee Retirement Income Security Act of 1974 (“ERISA”).

Facts

AdvancePCS is a pharmacy benefits management company (PBM). PBMs manage prescription drug benefit programs and seek to reduce their clients’ drug costs by pooling claims and negotiating volume discounts with pharmaceutical companies. Among AdvancePCS’s clients are employee welfare benefit plans sponsored by ALCOA and K-Mart.

When AdvancePCS receives a…

2Cases cited13 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. National Ass'n for the Advancement of Colored People v. Alabama Ex Rel. PattersonSupreme Court of the United States · 1958
  3. Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985
  4. Raines v. ByrdSupreme Court of the United States · 1997
  5. Vermont Agency of Natural Resources v. United States Ex Rel. StevensSupreme Court of the United States · 2000

8 more not listed; retrieve them via the Exa API.

3Cited by61 opinions

  1. Braden v. Wal-Mart Stores, Inc.Court of Appeals for the Eighth Circuit · 2009
  2. Mayfield v. United StatesCourt of Appeals for the Ninth Circuit · 2010
  3. Paulsen v. CNF INC.Court of Appeals for the Ninth Circuit · 2009
  4. Harris v. Amgen, Inc.Court of Appeals for the Ninth Circuit · 2009
  5. Loren v. Blue Cross & Blue Shield of Mich.Court of Appeals for the Sixth Circuit · 2007

56 more not listed; retrieve them via the Exa API.

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