Legal representation Christopher A Smith
Notes Class certification denied in putative multidistrict class action alleging violations of ERISA, breach of fiduciary duty, and consumer fraud, against a Fortune 100 pharmacy benefits management company. In re Express Scripts, Inc., PBM Litigation, No. 4:05-mdl-01672-HEA, 2015 WL 128073 (E.D. Mo., Jan. 8, 2015). Summary judgment in favor of client, a Fortune 100 pharmacy benefits management company, in putative consumer fraud class actions and multi-district litigation. In re Express Scripts, Inc., PBM Litigation, No. 4:05-mdl-1672-HEA (E.D. Mo. March 31, 2014) Trial counsel in prosecution of claim for misappropriation of trade secrets against “big four” accounting firm. After a three-day preliminary injunction hearing, the Court entered broad injunctive relief prohibiting the internal and external dissemination of any information obtained from client’s computer systems. Express Scripts, Inc. et al. v. Ernst & Young LLP, et al., No. 13SL-CC00537 (Mo. Cir. Ct., Dec. 10, 2013) Trial counsel for Express Scripts, Inc. in confidential arbitration proceeding before the American Arbitration Association (AAA). The case was related to the high-profile business dispute between Walgreen Co. and Express Scripts. Express Scripts Inc. v. Walgreen Co., American Arbitration Association, Case No. 51-193-Y1144-11. Trial counsel in successful defense healthcare company in federal court actions alleging unfair competition, misappropriation of trade secrets, Lanham Act violations, and breach of contract. After denying plaintiffs’ request for injunctive relief, all claims against our client were dismissed with prejudice. Meritain Health, Inc., et al. v. Express Scripts, Inc., No. 4:12-cv-266-CEJ (E.D. Mo. 2012) Summary judgment in favor of client, a Fortune 100 pharmacy benefits management company, in multi-million dollar contract dispute. Fidelity Insurance Co., et al. v. Express Scripts, Inc. et al., No. 4:03-cv-1521-HEA, 2011 WL 2669323 (E.D. Mo. July 7, 2011) Summary judgment on broad contract and consumer fraud claims in a putative class action lawsuit purporting to represent more than 50,000 pharmacies. Pearson’s Pharmacy, et al. v. Express Scripts Inc., 2009 WL 3623395 (M.D. Ala. 2009); affirmed, 2010 WL 1841877 (11th Cir. 2010) Summary judgment in favor of client, a Fortune 100 pharmacy benefits management company, and class certification denied in broad putative class action case. Inola Drug v. Express Scripts Inc., 2009 WL 801838 (N.D. Okla. 2009); 2010 WL 3033628 (10th Cir. Aug. 4, 2010) Dismissal of a series of consolidated securities class action lawsuits on behalf of Fortune 100 pharmacy benefits client. In re Express Scripts Inc. Securities Litigation, 2010 WL 2671456 (E.D. Mo. 2010) Class certification denied and summary judgment granted in favor of client, a Fortune 100 pharmacy benefits management company, on key Employee Retirement Income Security Act (ERISA) claims. In re Express Scripts Inc. PBM Litigation, 2008 WL 2952787 (E.D. Mo. 2008)
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