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Mich. PBM Opioid Suit Belongs In State Court, Judge Told

Mich. PBM Opioid Suit Belongs In State Court, Judge Told

August 1, 2025/by Powell & Majestro P.L.L.C.

Law360 (July 30, 2025, 6:41 PM EDT) — Counsel for the State of Michigan argued Wednesday that a lawsuit
accusing pharmacy benefit managers Express Scripts and OptumRx of fueling the opioid crisis is not subject
to federal officer removal and should be sent back to state court.

Arguing before U.S. District Judge Shalina D. Kumar, Anthony J. Majestro of Powell & Majestro PLLC said
Michigan had included a “very extensive” disclaimer of any claims involving PBMs’ federal client work in its
complaint. Majestro said that disclaimer defeats Express Scripts and OptumRx’s invocation of the federal
officer removal statute, as other courts that have examined the removability of opioid nuisance suits have
found. Read the full article.

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