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Mulready v. Pharmaceutical Care Management Association

Certiorari Denied

Petition for certiorari denied on June 30, 2025.

Docket No.23-1213
Op. Below10th Cir.

Issue

(1) Whether the Employee Retirement Income Security Act preempts state laws that regulate pharmacy benefit managers (PBMs) by preventing them from cutting off rural patients" access, steering patients to PBM-favored pharmacies, excluding pharmacies willing to accept their terms from preferred networks, and overriding state discipline of pharmacists; and (2) whether Medicare Part D preempts state laws that limit the conditions PBMs may place on pharmacies" participation in their preferred networks. CVSG: 5/27/2025

Proceedings & orders timeline

Feb 23, 2024
Application (23A788) to extend the time to file a petition for a writ of certiorari from March 11, 2024 to April 10, 2024, submitted to Justice Gorsuch.
Mar 4, 2024
Application (23A788) granted by Justice Gorsuch extending the time to file until April 10, 2024.
Mar 28, 2024
Application (23A788) to extend further the time from April 10, 2024 to May 10, 2024, submitted to Justice Gorsuch.
Apr 3, 2024
Application (23A788) granted by Justice Gorsuch further extending the time to file until May 10, 2024. No further requests for extensions will be entertained for the filing of the petition.
May 10, 2024
Petition for a writ of certiorari filed. (Response due June 14, 2024)
May 22, 2024
Motion to extend the time to file a response from June 14, 2024 to July 13, 2024, submitted to The Clerk.
May 24, 2024
Motion to extend the time to file a response is granted and the time is extended to and including July 15, 2024. See Rule 30.1.
Jun 10, 2024
Brief amici curiae of Minnesota, et al. filed.
Jun 12, 2024
Brief amici curiae of American Dental Association and Eight Health-Care Provider Associations filed.
Jun 14, 2024
Brief amicus curiae of PatientRightsAdvocate.Org, Inc. filed.
Jun 14, 2024
Brief amicus curiae of National Association of Specialty Pharmacy filed.
Jun 14, 2024
Brief amici curiae of American Pharmacies, Inc., et al. filed.
Jun 28, 2024
Motion to extend the time to file a response from July 15, 2024 to July 29, 2024, submitted to The Clerk.
Jul 1, 2024
Motion to extend the time to file a response is granted and the time is further extended to and including July 29, 2024.
Jul 29, 2024
Brief of respondent Pharmaceutical Care Management Association in opposition filed.
Aug 14, 2024
DISTRIBUTED for Conference of 9/30/2024.
Aug 14, 2024
Reply of petitioners Glen Mulready, et al. filed. (Distributed)
Oct 7, 2024
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 27, 2025
Brief amicus curiae of United States filed.
Jun 9, 2025
Supplemental brief of petitioners Glen Mulready, et al. filed. (Distributed)
Jun 9, 2025
Supplemental brief of respondent Pharmaceutical Care Management Association filed. (Distributed)
Jun 10, 2025
DISTRIBUTED for Conference of 6/26/2025.
Jun 30, 2025
Petition DENIED.

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