Patient Data Suit Must Be Arbitrated, CVS Tells 5th Circ.

Law360, Houston (February 6, 2013, 4:40 PM EST) -- The retail arm of CVS Caremark Corp. told the Fifth Circuit on Wednesday that a class action alleging it surreptitiously acquired and used competing drugstores’ proprietary patient information to lure customers must be dismissed because the pharmacies previously agreed to arbitrate with the parent company.

CVS Pharmacy Inc. said that provider contracts between the pharmacies and prescription drug benefits manager Caremark RX LLC contain an arbitration clause that applies to it equally, even though CVS was acquired by Caremark after the agreements were signed.

“The district...
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