Latest news with #PBM
Yahoo
3 days ago
- General
- Yahoo
Arkansas Supreme Court orders gag order lifted in Lonoke County deadly shooting
LITTLE ROCK, Ark. – A Thursday ruling by the Arkansas Supreme Court is expected to lead to a gag order being lifted in a deadly Lonoke County shooting. The case came to the court on behalf of Aaron Spencer, who is facing charges of second-degree murder in the October 2024 shooting death of 67-year-old Michael Fosler. Lonoke County deputies arrest man after altercation leads to deadly shooting According to court records, Fosler had been charged in July 2024 with 'numerous sexual offenses against Spencer's teenage daughter, and he was released on bond.' On the night of the shooting, Spencer realized his daughter had left the house and went looking for her. He found Fosler's truck with his daughter inside and forced it off the road. 'After an altercation, Spencer called 911 to report he had shot Fosler. Fosler died at the scene,' court records state. National pharmacy company sues Arkansas over law eliminating PBM pharmacy ownership The record continues that the state requested a gag order on the case on Dec. 4, 2024, due to what it called extensive media coverage, including a news release from Spencer's attorneys that described him as a 'heroic father.' The state argued that the coverage and public statements would lead the community to side with Spencer, thereby harming the integrity of the jury pool. On Dec. 9, 2024, Spencer's attorney filed an opposition to the gag order. On Dec. 10, the court put the gag order in place 'without holding a hearing,' according to the filing. Spencer then requested the Supreme Court issue a command, called a 'writ of certiorari,' to the lower court to lift the gag order. His request cited the First Amendment and the Lonoke circuit court exceeded its jurisdiction. The Supreme Court honored that request on Thursday, and the writ was issued. In its ruling, the court stated: '[W]e hold that the circuit court's action in entering the challenged gag order was on its face a plain, manifest, clear, and gross abuse of discretion and in excess of its authority. Further, there is no other adequate remedy except for a writ of certiorari.' Arkansas Supreme Court decides TikTok vs. Arkansas case will go forward, denies dismissal request The ruling also cautioned the court against sealing the case's proceedings from the public, citing it as a constitutional violation. Spencer's attorneys, Erin Cassinelli and Michael Kaiser, said in a statement that the Supreme Court's decision has far-reaching implications. 'The Court has given clear guidelines for gag orders that will help the public, litigants, and courts across the state appropriately assess case-related speech as balanced with the strong First Amendment protections that are a bedrock of our society,' they stated. 'No longer will state courts be permitted to allow a prosecutor to release alarming and potentially misleading information while a circuit court blanketly restricts a citizen's public explanation of his innocence.' CVS Pharmacy files suit against Arkansas over new law preventing PBM ownership of pharmacies They continued that they appreciated the Supreme Court's 'turning the lights back on in Lonoke County.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.


The Independent
3 days ago
- Business
- The Independent
CVS and Express Scripts sue Arkansas over restriction on pharmacy benefit managers
CVS and Express Scripts asked a federal judge on Thursday to block a law prohibiting pharmacy benefit managers from owning or operating pharmacies in Arkansas, challenging the first such restriction enacted by a state. The lawsuits come a little over a month after Gov. Sarah Huckabee Sanders signed the legislation restricting pharmacy benefit managers, also known as PBMs, which run prescription drug coverage for big clients that include health insurers and employers that provide coverage. Supporters of the Arkansas law have said it's needed because PBMs are forcing independent pharmacies, especially those in rural areas, to close. But in its lawsuit, Express Scripts said the measure would end up having 'devastating consequences' and force pharmacies around the state to close. 'And it will create mass confusion among Arkansans about where and how they can receive needed prescription medications, irreparably breaking bonds that patients have formed over many years with their pharmacists and pharmacy-provided home-visit nurses,' the company's lawsuit said. In a separate lawsuit, CVS said the new law 'represents an assault on free commerce between the states and the foundational principles of fair-market competition that underpin the Union.' CVS, which ran TV ads urging Sanders to veto the legislation, has said it would have to close its 23 retail pharmacies in the state if the law takes effect. Attorney General Tim Griffin defended the law on Thursday, saying PBMs' 'wield outsized power to reap massive profits at the expense of consumers.' 'Through Act 624, Arkansas is standing up to PBMs on behalf of consumers, and I will vigorously defend our law,' Griffin said in a statement. Arkansas is among several states where lawmakers have taken up efforts to regulate PBMs, and a group of attorneys general urged Congress last month to pass legislation similar to Arkansas' law.
Yahoo
3 days ago
- Politics
- Yahoo
Arkansas Supreme Court decides TikTok vs. Arkansas case will go forward, denies dismissal request
Video: TikTok challenge damaging garage doors in Cabot LITTLE ROCK, Ark. – The Arkansas Supreme Court denied a request on behalf of the social media app TikTok to have the Arkansas lawsuit against it thrown out. The Arkansas lawsuit was filed in 2023 by Attorney General Tim Griffin. It charged TikTok and its parent company, ByteDance, with violating the state's Deceptive Trade Practices Act (DTPA). Arkansas AG Tim Griffin joins 41 other AGs calling for congressional requirement for social media surgeon general warning The suit claimed that TikTok violated the DTPA by misrepresenting itself and, in turn, exposing minors to mature content and engineered its platform to compel people to remain engaged. This has gone so far as to harm young people, the suit alleged, as they responded to various and dangerous 'TikTok challenges.' The suit was filed in the Cleburne County District Court, where attorneys for TikTok requested that the suit be dismissed, arguing that Arkansas had not established jurisdiction or a claim for relief. The court rejected the argument, meaning the case proceeded, and that ruling was subsequently appealed to the Arkansas Supreme Court. CVS Pharmacy files suit against Arkansas over new law preventing PBM ownership of pharmacies On Thursday, the Supreme Court rejected the appeal, a request that the Supreme Court force the Circuit Court to rule in TikTok's favor, stating that such a ruling would be inappropriate under Arkansas precedent. Griffin was pleased with the Thursday ruling. 'Today's ruling allows our lawsuit against TikTok to move forward,' Griffin said. 'This moves us one step closer to holding TikTok accountable for deceiving Arkansans, especially children and their parents, about its app.' Arkansas filing suit against Meta, TikTok under Arkansas Deceptive Trade Practices Act Court records indicate that the case is scheduled to be heard on Sept. 29 in a jury trial expected to last three weeks. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.


Associated Press
3 days ago
- Business
- Associated Press
CVS and Express Scripts sue Arkansas over restriction on pharmacy benefit managers
LITTLE ROCK, Ark. (AP) — CVS and Express Scripts asked a federal judge on Thursday to block a law prohibiting pharmacy benefit managers from owning or operating pharmacies in Arkansas, challenging the first such restriction enacted by a state. The lawsuits come a little over a month after Gov. Sarah Huckabee Sanders signed the legislation restricting pharmacy benefit managers, also known as PBMs, which run prescription drug coverage for big clients that include health insurers and employers that provide coverage. Supporters of the Arkansas law have said it's needed because PBMs are forcing independent pharmacies, especially those in rural areas, to close. But in its lawsuit, Express Scripts said the measure would end up having 'devastating consequences' and force pharmacies around the state to close. 'And it will create mass confusion among Arkansans about where and how they can receive needed prescription medications, irreparably breaking bonds that patients have formed over many years with their pharmacists and pharmacy-provided home-visit nurses,' the company's lawsuit said. In a separate lawsuit, CVS said the new law 'represents an assault on free commerce between the states and the foundational principles of fair-market competition that underpin the Union.' CVS, which ran TV ads urging Sanders to veto the legislation, has said it would have to close its 23 retail pharmacies in the state if the law takes effect. Attorney General Tim Griffin defended the law on Thursday, saying PBMs' 'wield outsized power to reap massive profits at the expense of consumers.' 'Through Act 624, Arkansas is standing up to PBMs on behalf of consumers, and I will vigorously defend our law,' Griffin said in a statement. Arkansas is among several states where lawmakers have taken up efforts to regulate PBMs, and a group of attorneys general urged Congress last month to pass legislation similar to Arkansas' law.
Yahoo
3 days ago
- Business
- Yahoo
CVS Pharmacy files suit against Arkansas over new law preventing PBM ownership of pharmacies
Video: Arkansas bill would prevent Pharmacy Benefit Managers from owning pharmacies LITTLE ROCK, Ark. – A lawsuit filed by a national pharmacy chain and its subsidiaries in the Little Rock federal court on Thursday seeks to overturn a new Arkansas law. The suit filed by CVS Pharmacy alleges that Act 624 of 2025 violates the Constitution and federal law and asks the court to prevent the law from taking effect. The act was passed during the most recent legislative session to prevent pharmacy benefit managers from owning pharmacies in the state and will take effect on January 1, 2026. National pharmacy company sues Arkansas over law eliminating PBM pharmacy ownership Rhode Island-based CVS operates as a pharmacy benefit management company and also has pharmacies in Arkansas. Pharmacy benefits managers act as intermediaries between pharmaceutical companies and insurance companies to set rates, including the compensation amounts paid to pharmacies. CVS states in the lawsuit that the act would force it to close its 23 Arkansas pharmacies, leaving people without jobs and patients without access to a pharmacy. The suit continues that the act violates the Constitution's Commerce Clause and Equal Protection Clause by discriminating against non-Arkansas-owned pharmacies. It also claims the act violates the Employee Retirement Income Security Act and the Medicare Modernization Act by interfering with health benefits. Arkansas Gov. Sarah Huckabee Sanders signs bill blocking PBM ownership of pharmacies into law A CVS spokesperson said the act's interference with its business led to the lawsuit. 'With Act 624 signed into law, the Arkansas legislature and governor are forcing 23 community pharmacies to close by January 1, 2026, including some of the very few that are open 24 hours; fire more than 500 local health care workers; erode access to specialized pharmacy care for the 10,000 Arkansas patients with serious conditions who rely on additional support; and increase the cost of Arkansas health benefits by millions of dollars each year,' the spokesperson said. The spokesperson continued that the 23 CVS pharmacies in the state remain open 'and will continue to operate for the immediate future.' Attorney General Tim Griffin said that PBMs hinder health care access and quality. 'Pharmacy benefit managers wield outsized power to reap massive profits at the expense of consumers,' Griffin said. 'The rise of PBMs as middlemen in the prescription drug market has resulted in patients facing fewer choices, lower quality care, and higher prices.' Griffin added that PBMs 'leverage their affiliated pharmacies to manipulate prices, corrupt the market, and destroy competition. Through Act 624, Arkansas is standing up to PBMs on behalf of consumers, and I will vigorously defend our law.' CVS shares statement after Arkansas bill restricting PBMs from owning pharmacies is signed into law A similar lawsuit was filed earlier on Thursday by national provider Express Scripts against Act 624 on similar, but not identical, grounds. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.