U.S. EX REL. GARBE v. KMART CORP.

No. 15-1502.

824 F.3d 632 (2016)

UNITED STATES of America EX REL. James GARBE, Relator-Appellee, v. KMART CORPORATION, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 27, 2016.


Attorney(s) appearing for the Case

Erika A. Kelton , Attorney, Phillips & Cohen LLP, Washington, DC, Robert L. King , Stephen M. Tillery , Aaron M. Zigler , Attorneys, Korein Tillery , St. Louis, MO, George A. Zelcs , Attorney, Korein Tillery LLC, Chicago, IL, Larry P. Zoglin , Attorney, Phillips & Cohen LLP, San Francisco, CA, for Plaintiff-Appellee.

Catherine Marcene O'Neil , Attorney, King & Spalding LLP, Atlanta, GA, for Defendant-Appellant.

Gerald M. Burke , Attorney, Office of the United States Attorney, Civil Division, Fairview Heights, IL, George A. Zelcs , Attorney, Korein Tillery LLC, Chicago, IL, Aaron M. Zigler , Attorney, Korein Tillery, St. Louis, MO, for Parties-in-Interest.

Allyson Newton Ho , Attorney, Morgan, Lewis & Bockius LLP, Dallas, TX, for Amicus Curiae Rite Aid Corporation.

David Charles Frederick , Attorney, Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, Washington, DC, Harold Krent , Attorney, Chicago Kent College of Law, Chicago, IL, for Amicus Curiae Charles E. Grassley, United States Senator.

Before Wood, Chief Judge, and Easterbrook and Hamilton, Circuit Judges.


James Garbe, an experienced pharmacist, began working at Kmart pharmacy in Ohio in 2007. One day, Garbe picked up a personal prescription at a competitor pharmacy. When he reviewed his receipt, Garbe got a surprise: the competitor pharmacy had charged his Medicare Part D insurer far less than Kmart ordinarily charged it for the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases