Legal Opinion
AdvancePCS v. Bauer
Court of Appeals of Georgia
Decided July 13, 2005No. A05A0455PublishedCited by 3 opinions
1Opinion of the Court
Phipps, Judge.
Deborah R. Bauer and Diane G. Wright, on behalf of themselves and those similarly situated, filed a class action complaint against AdvancePCS, PCS Health Systems, Inc., PCS Mail Services of Fort Worth, Inc. and PCS Mail Services of Birmingham, Inc. (collectively, PCS) for their alleged wrongful classification of the generic drug tamoxifen as a brand name drug. PCS initially removed the case to federal court based on its assertion that the action was completely preempted by the provisions of the Employee Retirement Income Security Act of 1974 (ERISA), 29 USC § 1001 et seq., as…
2Cases cited7 opinions
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990
- Aetna Health Inc. v. DavilaSupreme Court of the United States · 2004
- Butero v. Royal Maccabees Life Ins.Court of Appeals for the Eleventh Circuit · 1999
- Margery A. Morstein v. National Insurance Services, Inc. Pan American Life Insurance Company the Shaw Agency Scott HankinsCourt of Appeals for the Eleventh Circuit · 1996
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Advance PCS v. BauerSupreme Court of Georgia · 2006
- AdvancePCS v. BauerCourt of Appeals of Georgia · 2007
- AdvancePCS v. BauerCourt of Appeals of Georgia · 2005