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Mulready v. Pharmaceutical Care Management Association

Pending petition

Docket No. Op. Below Argument Opinion Vote Author Term
23-1213 10th Cir. TBD TBD TBD TBD TBD

Issue: (1) Whether the Employee Retirement Income Security Act preempts state laws that regulate pharmacy benefit managers (PBMs) by preventing them from cutting off rural patients" access, steering patients to PBM-favored pharmacies, excluding pharmacies willing to accept their terms from preferred networks, and overriding state discipline of pharmacists; and (2) whether Medicare Part D preempts state laws that limit the conditions PBMs may place on pharmacies" participation in their preferred networks.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
02/23/2024Application (23A788) to extend the time to file a petition for a writ of certiorari from March 11, 2024 to April 10, 2024, submitted to Justice Gorsuch.
03/04/2024Application (23A788) granted by Justice Gorsuch extending the time to file until April 10, 2024.
03/28/2024Application (23A788) to extend further the time from April 10, 2024 to May 10, 2024, submitted to Justice Gorsuch.
04/03/2024Application (23A788) granted by Justice Gorsuch further extending the time to file until May 10, 2024. No further requests for extensions will be entertained for the filing of the petition.
05/10/2024Petition for a writ of certiorari filed. (Response due June 14, 2024)
05/22/2024Motion to extend the time to file a response from June 14, 2024 to July 13, 2024, submitted to The Clerk.
05/24/2024Motion to extend the time to file a response is granted and the time is extended to and including July 15, 2024. See Rule 30.1.
06/10/2024Brief amici curiae of Minnesota, et al. filed.
06/12/2024Brief amici curiae of American Dental Association and Eight Health-Care Provider Associations filed.
06/14/2024Brief amicus curiae of PatientRightsAdvocate.Org, Inc. filed.
06/14/2024Brief amicus curiae of National Association of Specialty Pharmacy filed.
06/14/2024Brief amici curiae of American Pharmacies, Inc., et al. filed.
06/28/2024Motion to extend the time to file a response from July 15, 2024 to July 29, 2024, submitted to The Clerk.
07/01/2024Motion to extend the time to file a response is granted and the time is further extended to and including July 29, 2024.
07/29/2024Brief of respondent Pharmaceutical Care Management Association in opposition filed.
08/14/2024DISTRIBUTED for Conference of 9/30/2024.
08/14/2024Reply of petitioners Glen Mulready, et al. filed. (Distributed)
10/07/2024The Solicitor General is invited to file a brief in this case expressing the views of the United States.