Class Certification Denied In Express Scripts Suit

Law360, New York (July 31, 2008, 12:00 AM EDT) -- A district judge has refused to certify a putative class of employee benefit plans that have accused pharmaceutical benefits manager Express Scripts Inc. of violating its fiduciary duty, finding that in most instances, the company could not be considered a fiduciary.

The judge also granted in part and denied in part partial motions for summary judgment from both sides, ruling that Express Scripts could not be considered a fiduciary during four out of the five acts on which the plaintiffs based their claims.

Given his findings...
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