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Blame ID Thief, Not CVS Or Giant For Drug Fraud: Magistrate

Law360, New York (July 10, 2015, 8:35 PM EDT) -- A Pennsylvania magistrate judge on Thursday recommended the court dismiss a customer’s putative class action alleging Giant Eagle Inc. and CVS Caremark Corp. failed to take proper precautions to stop an unnamed perpetrator from filling fraudulent prescriptions in his name.

U.S. Magistrate Judge Cynthia Reed Eddy said plaintiff Andrew M. Gabriel failed to show that either pharmacy had the duty to verify identification when the prescriptions for oxycodone and other controlled substances were filled. She said most of the allegations, such as identity theft, would be...
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