Order Issued in Independent Pharmacists Case - 10/25/04

US District Court Judge Virginia Hopkins issued and order in favor of the plaintiff independent pharmacists in their antitrust case filed before her in the Northern District of Alabama.  The case, brought on behalf of all similarly situated independent pharmacists seeks to address the unfair market and contracting practices of the nation's major pharmacy benefit managers or "PBMs."  The Order denies the defendant PBMs' motion to dismiss the action for failure to state a claim and allows the plaintiff independent pharmacists to begin the discovery process.  Judge Hopkins noted in the detailed opinion supporting the Order that "The Second Amended Complaint (SAC) provides the Defendants with fair notice as to the nature and basis of the claims made against them.  Moreover, the SAC affords no sound basis for ruling out the possibility that the Plaintiffs will be able to establish facts which establish a right of recovery for violation of the Sherman Act."   Review the opinion in support of the order here.