Case Explained: Kevin Flowers v. Caremark PCS Health, LLC, doing business as CVS Caremark; CaremarkPCS Pennsylvania Mail Pharmacy, LLC

Court: United States Court of Appeals for the Eighth Circuit Filed: 2026-06-29 The eighth-circuit affirmed the district court’s grant of a motion to dismiss, holding that the plaintiff failed to state a plausible claim for relief under Arkansas law because the relevant state regulations are preempted by the Employee Retirement Income Security Act (ERISA). The court determined that while the plaintiff’s complaint adequately alleged facts regarding the “Mail Order Provision,” those allegations did not plausibly show a violation since the defendant allowed mail delivery or in-person retail pickup rather than mandating home delivery exclusively. Regarding the “Network Adequacy Provision,” the court focused on its implementing regulations, labeled as “Geographic Coverage Requirements,” which mandate specific percentages of plan members live within defined distances of in-network retail pharmacies. Applying ERISA’s express preemption clause under 29 U.S.C. § 1144(a), the court applied the standard that a state law impermissibly connects with an ERISA plan if it governs a central matter of plan administration, interferes with nationally uniform plan administration, or forces plans to adopt a certain scheme of substantive coverage. The court concluded that the Geographic Coverage Requirements force pharmacy benefits managers to tailor their networks and potentially build new facilities to comply with exacting jurisdictional particularities, thereby interfering with nationally uniform administration and forcing a specific scheme of substantive coverage. Consequently, these regulations are preempted and without effect, meaning the plaintiff cannot assert an unjust enrichment claim based on their violation. The practical consequence is that the dismissal of the complaint stands, and the case is closed without further proceedings on the merits of the ERISA preemption issue. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.