Express Scripts' Prices Not Set In Bad Faith: 11th Circ.

Law360, New York (May 12, 2010, 2:01 PM EDT) -- A federal appeals court has affirmed the dismissal of a suit accusing Express Scripts Inc. of breaching contract by failing to consistently update drug prices, saying the plaintiff pharmacies failed to show ESI acted in bad faith.

The district court was right in holding that, under its contracts with plaintiffs Pearson's Pharmacy Inc. and Cam Enterprises Inc., ESI retained full discretion to alter its updating procedures, a three-judge panel on the U.S. Court of Appeals for the Eleventh Circuit ruled Monday.

Pearson's and Cam appealed an...
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