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Joanne Roskey Quoted on New Johnson & Johnson ERISA Suit in Law360

"What to Know About 'Novel' Johnson & Johnson ERISA Suit"


Joanne Roskey, a former Chief of the Division of Health Investigations in the Department of Labor's (DOL) Employee Benefits Security Administration (EBSA), Office of Enforcement, discussed the significance of a new employee-led lawsuit against Johnson & Johnson that claims the company violated federal benefits law by letting pharmacy benefit manager (PBM) Express Scripts overcharge its health plan and plan participants for drugs, potentially signaling that class action fee litigation under the Employee Retirement Income Security Act (ERISA) is shifting focus from retirement savings plans to health benefits. Roskey took note of the complaint's reference to the new ERISA plan service provider disclosure requirements. "This is one of the first cases that has been brought up where these disclosure provisions have been cited as playing a role," Roskey said. She added that whether those disclosures actually would have made a difference in the Johnson & Johnson plan's selection of a PBM is an issue she'll be watching for in the case.