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CVS, Giant Eagle Escape Prescription Identity Theft Suit

Law360, New York (August 19, 2015, 6:42 PM EDT) -- A Pennsylvania federal judge on Wednesday dismissed with prejudice a proposed class action accusing Giant Eagle Inc. and CVS Caremark Corp. of failing to prevent an identity thief from filling prescriptions in another man’s name, adopting a magistrate judge’s recommendation.

U.S. District Judge Joy Flowers Conti said that plaintiff Andrew M. Gabriel didn’t raise any new arguments in objecting to U.S. Magistrate Judge Cynthia Reed Eddy’s report and recommendations, ruling that Gabriel lacked standing to sue the retailers.

“Pennsylvania law does not impose a per se duty...
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