1. Home
  2. Browse Decisions
  3. F.3d
  4. 105 F.3d
  5. 105 F.3d 1035 (1997)
 

TEXAS PHARMACY ASS'N v. PRUDENTIAL INS. CO.

No. 95-50807.

105 F.3d 1035 (1997)

TEXAS PHARMACY ASSOCIATION, et al., Plaintiffs, Texas Pharmacy Association, formerly known as Texas Pharmaceutical Assn., Ron's Apothecary, Inc., Tri Cities' Pharmacy, Inc., City Pharmacy, Hamlin Pharmacy, Anderson Drug, Twelve Oaks Pharmacy, South Houston Pharmacy, Davila Pharmacy, Medical Center Pharmacy, Eilers Discount Pharmacy, Professional Pharmacy, Hart Pharmacy, Hays Hometown Pharmacy, Ward's Pharmacy, Good's Pharmacy, Klein's Discount Pharmacy, Avondale Pharmacy, Home Care Associates, Inc., Winn's Pharmacy, Tomball Atrium Pharmacy, Rosebud Pharmacy, Maxwell Pharmacy, Save-Mor # 1 Pharmacy, McCrory's Pharmacy, Nichols Southside Pharmacy, Nichols Westwood Pharmacy, Pfenning Prescriptions Pharmacy, Bel-Aire Drugs, S & L Drug Mart and Prescription Lab of Spring Branch, Plaintiffs-Appellees, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 17, 1997.

Attorney(s) appearing for the Case

C. Dean Davis, Mark Alan Keene, Davis & Davis, Austin, TX, for plaintiffs-appellees.

Katherine S. Youngblood, Youngblood & White, Houston, TX, Daly D. Temchine, Epstein, Becker & Green, Washington, DC, for defendant-appellant.

Joel L. Michaels, Barbara H. Ryland, Michaels, Wishner & Bonner, Washington, DC, George Upshur Carneal, American Association of Health Plans, Washington, DC, for American Ass'n of Health Plans, Inc., amicus curiae.

Before REAVLEY, GARWOOD and BENAVIDES, Circuit Judges.

REAVLEY, Circuit Judge:

This appeal concerns whether a Texas "any willing provider" statute applicable to pharmacies is preempted by the Employee Retirement Income Security Act (ERISA).1 The Texas Pharmacy Association (TPA) and several pharmacies brought suit in Texas state court seeking a declaratory judgment that the statute compels appellant Prudential Insurance Company of America (Prudential) to contract with any pharmacy in Texas...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases