Del. Justices Reverse Express Scripts' $82M Trial Loss

Law360 (February 23, 2021, 2:53 PM EST) -- The Delaware Supreme Court on Tuesday threw out a biopharmaceutical company's $82 million jury trial win in a suit alleging Express Scripts Inc. fraudulently skewed its revenues to close a multimillion-dollar acquisition, ruling the trial court gave jurors an "erroneous" instruction and a new trial is warranted.

In a 26-page opinion written by Justice Collins J. Seitz Jr., the state high court held that the trial judge erred in instructing the jury they could hold Express Scripts liable for the fraud claims if they concluded its actions were either deliberate or reckless, even though the parties had agreed to a deliberate...

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