GRAPHIC COMMUNICATIONS, ET AL. V. CVS, ET. AL

Issue: State False Claims Act
Court: U.S. Supreme Court of Minnesota

RLC's Position:
The RLC filed a joint request asking the Supreme Court of Minnesota to grant review of a lower court's decision that allows private citizens to sue pharmacies under the state's Consumer Fraud Act. If left unchanged, Minnesota pharmacies and retailers will be burdened with the requirement to disclose their profit margins and sell generic drugs at a price cap, which could result in increased consumer prices of generic prescription drugs.

Case Outcome: 
The Court concluded that the Minnesota statute does not create a private cause of action in favor of unions against pharmacies for failing to pass on the difference between the acquisition cost of brand name drugs and substituted generic prescription drugs.

Procedural History and Case Documents:

• Petition for further review filed June 2013
• Amici Request of the Insurance Federation of Minnesota, The American Tort Reform Association, and Minnesotans for Lawsuit Reform filed July 2013
• Order Granting Review and Leave to File Amicus Brief July 2013
• RLC Amicus Brief filed September 2013
• Product Liability Advisory Council Amicus Brief filed September 2013
• Minnesota Defense Lawyers Association Amicus Brief filed September 2013
• Insurance Federation of Minnesota, et al. Amicus Brief filed September 2013
• Plaintiffs Principal & Response Brief filed September 2013
• Appellants' Brief filed October 2013
• Plaintiffs Appendix filed November 2013
• The Supreme Court of Minnesota's Opinion issued July 2014

Please use the DOWNLOAD button below to access the RLC's Brief.