Legal Opinion
Health Care Service Corp. v. TAP Pharmaceutical Products, Inc.
District Court, E.D. Texas
Decided August 1, 2003No. 9:03-cv-00166PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
RON CLARK, District Judge.
HCSC, an administrator of employer sponsored benefits plans, has moved to remand a suit in which it claimed defendant drug companies engaged in a pattern of overcharging for, and encouraging the over-prescription of, Lupron, a prostate drug [Doc. # 6]. This court must reject HCSC’s claim that even though it is a plan administrator, it is not an ERISA fiduciary. If HCSC’s allegations are correct, defendants are deemed to be fiduciaries of the plans from which they improperly obtained funds and are equitably required to disgorge these funds.…
2Cases cited20 opinions
- Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985
- Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993
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3Cited by5 opinions
- In Re Pharmaceutical Industry Average Wholesale Price LitigationDistrict Court, D. Massachusetts · 2004
- Blue Cross of Cal. Inc. v. Insys Therapeutics Inc.District Court, D. Arizona · 2019
- JHohman, LLC v. United States Security Associates, Inc.District Court, E.D. Michigan · 2007
- Smith v. Metropolitan Life InsuranceDistrict Court, D. Colorado · 2004
- Thompson v. Abbott LaboratoriesDistrict Court, D. Massachusetts · 2004