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GLANTON EX. REL ALCOA PRESCRIPTION DRUG PLAN v. ADVANCEPCS INC.

No. 04-15328.

465 F.3d 1123 (2006)

Tommie GLANTON, on behalf of ALCOA PRESCRIPTION DRUG PLAN and all other similarly situated plans, et al.; Tara Mackner, on behalf of the Kmart Comprehensive Health Plan, Plaintiffs-Appellants, v. ADVANCEPCS INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 14, 2006.

Attorney(s) appearing for the Case

Stephen J. Herman, Herman Mathis Casey Kitchens & Gerel, LLP, New Orleans, LA; David S. Casey, Jr., Herman Mathis Casey Kitchens & Gerel, LLP, San Diego, CA; Mary E. Alexander, Mary Alexander & Associates, San Francisco, CA, for the plaintiff-appellant.

Paul J. Ondrasik, Jr., Martin D. Schneiderman, Eric G. Serron, Steptoe & Johnson LLP, WA, D.C.; Peter S. Kozinets, Steptoe & Johnson LLP, Phoenix, AZ, for the defendant-appellee.

Howard M. Radzely, Solicitor of Labor, Timothy D. Hauser, Associate Solicitor, Elizabeth Hopkins, Counsel for Appellate and Special Litigation, Mary F. Williams, Trial Attorney, for amicus Secretary of the United States Department of Labor, WA, D.C.

Douglas K. deVries, deVries Law Firm, Sacramento, California; Ronald Dean, Pacific Palisades, CA; Amy Bach, United Policyholders, San Francisco, CA, for amicus United Policyholders.

Before KOZINSKI and FERNANDEZ, Circuit Judges, and TERRY J. HATTER, JR., District Judge.

KOZINSKI, Circuit Judge.

We consider whether prescription drug plan participants who have suffered no judicially cognizable injury may sue their plans' fiduciaries under the Employee Retirement Income Security Act of 1974 ("ERISA").

Facts

AdvancePCS is a pharmacy benefits management company (PBM). PBMs manage prescription drug benefit programs and seek to reduce their clients' drug costs by pooling claims and negotiating volume discounts with pharmaceutical...

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