NEW YORK, March 24 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)