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Uphold Express Scripts Quick Win Denial, Pharmacies Urge

Law360, New York (March 20, 2017, 8:50 PM EDT) -- Compounding pharmacies accusing Express Scripts Inc. of pushing them out of the market urged a Missouri federal court Friday not to reconsider its denial of summary judgment, saying the company has flip-flopped on whether violations of a contract must be material to justify termination.

While in a similar case last year the defendant said it’s “well-settled law” that a breach must be material to end a contract, the company is now arguing expressly the opposite, HM Compounding Services LLC and HMX Services LLC said in their...
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