Judge Repeats: ERISA, Medicare Fully Preempting Oklahoma Pharma Law Unlikely

Mealey's (August 5, 2020, 9:54 AM EDT) -- OKLAHOMA CITY — An Oklahoma federal judge on July 16 denied a motion seeking an injunction pending appeal against an Oklahoma law that aims to regulate pharmaceutical benefit managers (PBMs), ruling that the lobbying group seeking the stay failed to show likely success in its argument that the Employee Retirement Income Security Act and Medicare Part D would completely preempt the new law (Pharmaceutical Care Management Association v. Glen Mulready, et al., No. 19-977, W.D. Okla.)....