New Express Scripts Policy Merits Suit Revival, Court Told

Law360 (November 19, 2018, 8:37 PM EST) -- A defunct mail-order pharmacy said its antitrust and breach of contract suit against pharmacy benefit manager Express Scripts should be revived after the PBM reversed its policy of not doing business with mail-order providers. 

Park Irmat Drug Corp. said Friday that Express Scripts' decision erased the justification a Missouri federal judge used to toss a lawsuit accusing the company of baiting the pharmacy into a mail-order contract only to drop the deal months later.

Irmat said its lawsuit should be revived after its February dismissal — also currently on appeal to the Eighth Circuit — because Express Scripts undid any argument against dealing with mail-order...

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