151578P.pdf   01/11/2016  Grasso Enterprises  v.  Express Scripts
   U.S. Court of Appeals Case No:  15-1578
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Loken, Author, with Beam and Shepherd, Circuit Judges] 
   Civil Case - ERISA. After Express Scripts denied payment of compound drug 
   claims pursuant to a revised program for paying compounding pharmacies, 
   the compounding pharmacies brought suit against Express Scripts for 
   failing to adhere to procedural requirements of ERISA's claim regulation 
   and sought a preliminary injunction. In this interlocutory appeal, the 
   district court did not abuse its discretion in denying a preliminary 
   injunction. Plan beneficiaries have an adequate remedy at law and there is 
   no need for injunctive relief under section 502(a)(3) or for equitable 
   relief under section 502(a)(1)(B). Alternatively, the compounding 
   pharmacies lack standing under ERISA to assert harm to themselves, as they 
   are not "beneficiaries" and are not entitled to the procedures established 
   by thee claims regulations. The district court's order denying a 
   preliminary injunction is affirmed.