Michigan Attorney General Dana Nessel urged a federal judge Friday to send the state’s opioid-related lawsuit against pharmacy benefit managers Express Scripts Inc. and OptumRx Inc. back to state court, arguing the claims lack a federal basis.
The PBMs removed the case to federal court under the federal officer removal statute, citing work they performed for federal programs, including the Department of Defense’s TRICARE healthcare plan. Michigan contended the statute doesn’t apply because the claims focus on the companies’ work for private insurers and drug manufacturers.
“Defendants fail to show that federal regulations or control had any connection to the wrongful conduct alleged,” the state argued.
Michigan’s lawsuit, initially filed in Wayne County Circuit Court, accuses the PBMs of colluding with opioid manufacturers to promote the drugs on formularies in exchange for rebates, fueling the opioid epidemic. The suit includes claims under Michigan’s Drug Dealer Liability Act and alleges public nuisance and negligence.
