Anthem, Express Scripts Shake Would-Be Benefits Class Action

Anthem Inc. and Express Scripts Inc. defeated a proposed class action challenging their drug pricing methods under federal benefits, racketeering, and health discrimination law.

The companies couldn’t be liable under the Employee Retirement Income Security Act for allegedly setting high drug prices, because they weren’t acting as ERISA fiduciaries when they set those prices, a federal judge ruled Jan 8. The judge also rejected claims by HIV-positive patients who said the high drug prices were discriminatory under the Affordable Care Act. He dismissed all claims in the 17-count lawsuit, although he gave the patients and health plans that filed ...