8th Circ. Won't Revive Express Scripts Breach, Antitrust Suit

Law360 (December 12, 2018, 9:45 PM EST) -- The Eighth Circuit on Wednesday summarily shot down a New York pharmacy’s bid to revive its breach of contract and antitrust suit against Express Scripts Holding Co.

The three-judge panel affirmed a Missouri district court’s decision to dismiss Park Irmat Drug Corp.’s case, finding no evidence that Express Scripts breached their contract, that the contract was unconscionable, or that the pharmacy benefit manager conspired with nonparty CVS Health Corp. to push mail-order pharmacies of the market.

The March 2017 suit deals largely with a July 2015 recredentialing application Irmat had given Express Scripts, which would allow it to continue having access to...

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