Minn. Appeals Court Revives Drug Overcharge Class Action

Law360, New York (May 7, 2013, 6:09 PM EDT) -- A Minnesota appeals court on Monday ruled that a state law barring pharmacies from profiting from the sale of generic drugs does not give rise to private claims, but revived a class action against several major pharmacies under a separate consumer fraud statute.

Providing clarity on a previously ambiguous point of law, the Minnesota Court of Appeals found that the lack of explicit language in Minnesota’s prescription drug statute regarding private causes of action — as well as the inclusion of civil fines, criminal penalties, administrative...
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