Health care and ERISA; pre-emption after 'Pegram.'

Article Abstract:

Suits against managed care organizations for state torts after the Supreme Court's ruling in Pegram v. Herdrich are discussed. The plaintiff attempted to avoid ERISA preemption by filing suit under ERISA itself.

Exclusive and concurrent legislative powers, Preemption (Legislative power)

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A shift in fiduciary duties; when a corporation approaches insolvency, its directors owe responsibilities to creditors

Article Abstract:

The shift in the fiduciary duties directors of a financially distressed corporation to creditors of the corporation is discussed. During boom times, these duties extend only to shareholders.

Debtor and creditor, Bankruptcy reorganizations, Bankruptcy reorganization

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Consumer suits target prescription drug benefits; advocacy groups are seeking rights, information, recourse under state and federal laws

Article Abstract:

Consumer groups have challenged managed care organizations and government authorities with respect to pharmaceutical benefits

Pharmaceutical industry

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