Sarah P. Hogarth

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Sarah P. Hogarth advises clients on complex litigation matters with a focus on appellate advocacy and critical motions practice. Read Sarah P. Hogarth's full bio.

Tenth Circuit Reaffirms Preemption of State Pharmacy Network Regulations

By , and on Aug 23, 2023
Posted In Employee Benefits, Health and Welfare Plans

The US Court of Appeals for the Tenth Circuit recently held in Pharmaceutical Care Management Association v. Mulready (PCMA) that the Employee Retirement Income Security Act (ERISA) and Medicare Part D preempted several provisions of Oklahoma law regulating pharmacy benefit managers and pharmacy networks. Left unchallenged, these provisions threaten the ability of employers and Medicare...

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Employer Group Urges Justices To Hear Seattle Benefits Row

By , and on Nov 16, 2022
Posted In Benefit Controversies, Retirement Plans

An employer group says the federal government erred in arguing that a Seattle benefits mandate for hotel workers doesn’t conflict with federal law. According to this Law360 article, the ERISA Industry Committee (ERIC) asked the US Supreme Court to review a US Court of Appeals for the Ninth Circuit decision that backed the Seattle ordinance despite...

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ERIC Petitions US Supreme Court on Seattle Healthcare Case

By , and on May 11, 2022
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans

McDermott Will & Emery’s Michael B. Kimberly, Sarah P. Hogarth and Andrew C. Liazos, are co-counsel on a petition for certiorari before the Supreme Court of the United States on behalf of the ERISA Industry Committee (ERIC). The petition calls for review of ERIC’s legal challenge to the City of Seattle’s hotel healthcare “play or pay”...

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ERISA Preempts State Regulation of PBM–Pharmacy Pricing Agreements

By and on Jul 31, 2018
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans

ERISA broadly preempts state laws that “relate to” ERISA-governed employee benefit plans to ensure a uniform federal regulatory scheme and to relieve ERISA plans from the burdens of satisfying a patchwork of state laws. Recently, however, several states have enacted legislation designed to regulate the prices that pharmacy benefit managers, as third-party administrators for ERISA-governed...

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