Judge: Preemption Suit Over PBM Fiduciary Duty Has Standing Deficiency

( July 27, 2026, 3:15 PM EDT) -- LOS ANGELES — Concluding that a trade association “articulates a viable theory of injury” but lacks standing because “it fails to allege sufficient facts to show its members have suffered that injury,” a California federal judge on July 24 dismissed with leave to amend a suit in which the association argued that the Employee Retirement Income Security Act preempts a California state law that purports to impose fiduciary duties on the pharmacy benefit managers (PBMs) of self-funded health plans....