Monday, January 11, 2016

Compounders lose appeal against Express Scripts: Court holds that in this interlocutory appeal, the district court did not abuse its discretion in denying a preliminary injunction. Plan beneficiaries have an adequate remedy at law and there is no need for injunctive relief under section 502(a)(3) or for equitable relief under section 502(a)(1)(B). Alternatively, the compounding pharmacies lack standing under ERISA to assert harm to themselves, as they are not "beneficiaries" and are not entitled to the procedures established by thee claims regulations. The district court's order denying a preliminary injunction is affirmed.

151578P.pdf   01/11/2016  Grasso Enterprises  v.  Express Scripts
   U.S. Court of Appeals Case No:  15-1578
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Loken, Author, with Beam and Shepherd, Circuit Judges] 
   Civil Case - 

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