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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.

Express Scripts and OptumRx asserted the allegations implicate their administration of federal prescription drug benefits. However, Michigan disavowed any claims related to federal contracts, saying its complaint expressly limits claims to non-federal conduct.

The lawsuit is one of several brought by state attorneys general targeting PBMs over their alleged role in the opioid crisis. Similar cases are ongoing in Arkansas, Alaska, Kentucky, and Mississippi.

Neither party immediately responded to requests for comment Monday.

Counsel Information

• Michigan is represented by Matthew L. Walker and Scott A. Mertens of the Michigan Department of Attorney General and Mark P. Pifko of Baron & Budd PC.
• Evernorth Health Inc. and Express Scripts Inc. are represented by John F. Rhoades and Monique S. Eubanks of Dykema Gossett PLLC.
• OptumRx Inc. is represented by Irina N. Kashcheyeva and Ki Lee Kilgore of Foley & Lardner LLP.

Case Details
Attorney General of the State of Michigan v. Evernorth Health, Inc. et al., case number 4:24-cv-13185, in the U.S. District Court for the Eastern District of Michigan.