6th Circ. Junks Pharmacy's Express Scripts Contract Fight

Law360, New York (September 13, 2012, 4:54 PM EDT) -- A Kentucky pharmacy that lost a distribution contract with Express Scripts Inc. after two employees were indicted for Medicaid fraud can't reinstate its suit against the company, the Sixth Circuit ruled Thursday, saying the pharmacy had made new arguments it hadn't used in district court.

In an unpublished opinion, a three-judge panel ruled that Grider Drug LLC couldn't submit new arguments in its appeal of a lower court's dismissal of its breach of contract suit against Express Scripts, calling it inappropriate to consider the merits of...
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