No Arbitration For CVS In Patient Info Suit, 5th Circ. Told

Law360, New York (August 9, 2012, 3:45 PM EDT) -- Retail pharmacies in a class action claiming CVS Caremark Corp. co-opted proprietary patient information received from retail pharmacies and steered consumers away from competitors told the Fifth Circuit on Tuesday that a lower court properly denied CVS' bid to have all claims sent to arbitration.

CVS and Caremark, which were separately named in the suit, merged in 2007. CVS claims that it is covered by a written arbitration provision in provider contracts between the plaintiffs and Caremark LLC — Caremark's pharmacy benefit manager arm — despite...
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