Express Scripts, Inc., et al v. FTC, et al

  1. February 04, 2026

    Express Scripts Makes 'Fundamental Changes' In FTC Deal

    Express Scripts on Wednesday agreed to what the Federal Trade Commission called a "landmark settlement" promising major changes to its drug formulary practices, allowing the company to duck out of a case accusing all three of the country's largest pharmacy benefit managers of inflating insulin prices through rebate schemes.

  2. January 21, 2026

    FTC Mulling Deal With Express Scripts In PBM Case

    The Federal Trade Commission is considering a potential settlement with Express Scripts in the agency's case accusing the country's three largest pharmacy benefit managers of inflating insulin prices through rebate schemes.

  3. January 13, 2026

    Express Scripts Can't Impel FTC Atty Views On Insulin Makers

    A Federal Trade Commission in-house judge has denied a bid from Express Scripts to force a commission attorney to sit for a deposition to discuss an investigation into insulin manufacturers as the pharmacy benefit manager defends against the agency's insulin pricing case.

  4. January 05, 2026

    Express Scripts Wants FTC Atty Views On Insulin Prices

    Express Scripts is seeking to force an attorney from the Federal Trade Commission to sit for a deposition in the agency's case accusing pharmacy benefit managers of inflating insulin prices, saying the commission's own attorneys acknowledge that manufacturers cause higher prices.

  5. November 19, 2025

    8th Circ. Hears PBMs' Bid To Pause FTC Insulin Pricing Case

    An Eighth Circuit panel had only a handful of questions on Wednesday for the pharmacy benefit managers accused of inflating insulin prices, though one of the judges expressed skepticism about pausing the Federal Trade Commission's in-house enforcement action on constitutional grounds.

  6. October 31, 2025

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    In this installment of Wheeling & Appealing, November's appellate calendar features a Trump lawsuit against Hillary Clinton, New York City housing disputes, drug pricing battles, immigrant rights cases, and challenges to so-called patent troll laws.

  7. October 31, 2025

    3 Argument Sessions Benefits Attys Should Watch In Nov.

    The Third Circuit will hear a union's appeal in a withdrawal liability battle, a union health plan defends its partial win in a coverage fight at the Ninth Circuit, and pharmacy benefit managers will take a challenge to the Federal Trade Commission's authority to the full Eighth Circuit. Here are three arguments to keep an eye on in November.

  8. September 04, 2025

    PBMs Look To Toss FTC's Insulin Pricing Case

    Caremark Rx, Express Scripts and OptumRx have asked to dismiss the Federal Trade Commission's in-house case accusing the pharmacy benefit managers of artificially inflating insulin prices, saying the agency is exceeding its authority to address "unfairness."

  9. May 21, 2025

    FTC Urges 8th Circ. Not To Pause In-House PBM Case

    The Eighth Circuit should once again say no to a request to pause the Federal Trade Commission's in-house case accusing three pharmacy benefit managers of hiking up the price of insulin to line their own pockets, the agency has told the appellate court.

  10. April 18, 2025

    PBMs Press 8th Circ. Bid To Pause FTC Case

    The nation's "Big Three" pharmacy benefit managers are asking the Eighth Circuit to pause the Federal Trade Commission's in-house insulin price-fixing case against them, saying that their constitutional challenge to the commission's administrative proceeding process should be fully heard before the in-house case moves forward.