Judge dismisses two Express Scripts claims in Anthem drug pricing lawsuit



A federal judge has dismissed two of the six counterclaims that pharmacy benefits manager Express Scripts Holding Co raised in health insurer’s Anthem Inc’s $15 billion lawsuit claiming it charged too much for drugs.

In a decision made public on Friday, U.S. District Judge Edgardo Ramos in Manhattan dismissed Express Scripts’ claim that Anthem breached an implied covenant of good faith and fair dealing, saying it duplicated a breach of contract claim. He also dismissed an unjust enrichment claim.

Anthem had sued Express Scripts last March, accusing it of excessive pricing and operational failures. It also sought the right to terminate its 10-year contract with Express Scripts, which began in 2009.


(Reporting by Jonathan Stempel in New York)


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