Express Scripts Wins Affirmance of Suit Brought by Park Irmat

The firm won a complete affirmance in the U.S. Court of Appeals for the Eighth Circuit of the dismissal with prejudice of Park Irmat’s lawsuit against Skadden client Express Scripts. The lawsuit came after Express Scripts terminated Irmat from its retail pharmacy network for operating primarily as a mail-order pharmacy in violation of the parties’ contract. Among other claims, Irmat alleged that the termination was improper and part of an antitrust conspiracy between Express Scripts and CVS Health to boycott mail-order pharmacies. Skadden successfully moved the district court to dismiss the case in its entirety for failure to state a claim and, on December 12, an Eighth Circuit panel unanimously affirmed.