9th Circ. Breathes New Life Into CVS Drug Pricing Suit

Law360 (June 13, 2019, 7:26 PM EDT) -- The Ninth Circuit has revived a class action brought on behalf of millions of consumers accusing CVS Pharmacy Inc. of overcharging them for generic medications, finding that a lower court judge incorrectly weighed evidence and wrongly narrowed the classes.

A three-judge panel said Wednesday that U.S. District Judge Yvonne Gonzalez Rogers erred in granting CVS summary judgment in a suit claiming it overcharged insured customers by inflating the prices of drugs to third-party insurance providers and pharmacy benefit managers. The consumers had argued they paid more than the so-called usual and customary price some uninsured consumers had to pay.

Judge Rogers...

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