Wal-Mart, CVS Win Bid To Toss Drug Overcharge Suit

Law360, New York (November 25, 2009, 1:27 PM EST) -- A federal judge has dismissed without prejudice a putative class action brought by employee health funds accusing Walgreen Co., CVS Pharmacy Inc., Wal-Mart Stores Inc. and others of overcharging customers for generic drugs.

U.S. District Judge James M. Rosenbaum of the District of Minnesota dismissed the complaint Tuesday, giving the plaintiffs a chance to replead their case to state a claim under the Federal Rules of Civil Procedure.

The judge issued a one-page order dismissing the suit, saying his decision was based on reasons he stated...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.