Law360 (November 9, 2018, 6:50 PM EST) -- HM Compounding Services LLC clearly breached its contract with Express Scripts Inc. by refusing to collect copayments from customers, a Missouri federal judge has ruled, giving the pharmacy benefit manager a boost just days before trial.
U.S. District Judge John A. Ross on Thursday granted summary judgment to Express Scripts, saying that whether he relies on either party's alleged copayment collection rate, “the number is so woefully inadequate that no reasonable jury could find HM substantially complied with its contractual obligation to collect copayments.”
The summary judgment order wiped contract claims brought by HM Compounding, allowing the jury trial that begins...
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