Klein, Hockel, Iezza & Patel PC’s (“KHIP”) client, a self-funded health plan, sued a Pharmacy Benefit Manager (“PBM”) to seek an audit of the plan’s records. The PBM engaged in scorched earth litigation tactics to avoid an audit and refused to resolve the case short of a judgment. Each party filed a motion for summary judgment, the parties produced over 5,000 pages in discovery, and argued several discovery motions. KHIP retained the former general counsel of a large PBM as an expert witness to support the health plan’s claims. The case concerned the PBM’s demand that the health plan release the PBM from any and all claims, in a full settlement agreement and release, before the PBM would release the plan’s own patient-related health data (information like Prior Authorizations) to a new PBM retained to take over the health plan’s contract. During sworn testimony, executives from the PBM admitted they purposefully refused to transfer that data without a settlement agreement and release. Congratulations to Jonathan Allan Klein and Sweta Patel for reaching a resolution on behalf of their client.
- A recent Court of Appeals ruling chips away at the validity of non-solicitation provisions
- Victory in Binding Labor Arbitration!
- Highlight of 2019 Laws Affecting Employers
- Workplace Harassment Claims Easier to Prove in California Following #MeToo
- Pharmacy Benefit Management Litigation Ends in Settlement
- Federal Court orders former employee’s claims preempted by LMRA, then dismisses entire action
- A Nutshell Review of 2017: enforcement, practice trends, and changes in law
- DOL Withdraws Guidance Letters Leaving Employers To Pick Up The Pieces