'Artful Pleading' Can't Save Surescripts Antitrust Suit

Law360 (August 20, 2020, 7:01 PM EDT) -- An Illinois federal judge threw out a proposed class action Wednesday accusing e-prescription service Surescripts LLC of building an industry monopoly, faulting the pharmacy plaintiffs, for now, for apparently trying to "disguise their failure" to link their transactions directly to Surescripts.

U.S. District Judge John Tharp Jr. gave the pharmacies a chance to amend their complaint, although he said if they "prefer to stand" on the allegations as they are, he's ready to enter final judgment for Surescripts and fellow defendant electronic health records vendor Allscripts Healthcare Solutions "to facilitate any appeal the plaintiffs may wish to pursue."

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