1. Home
  2. Browse Decisions
  3. F.3d
  4. 584 F.3d
  5. 584 F.3d 655 (2009)
 

STATE v. CAREMARK, INC.

Nos. 08-50354, 08-50357 to 08-50360.

584 F.3d 655 (2009)

State of TEXAS; State of California; State of Arkansas; State of Louisiana; State of Delaware; State of Illinois; State of Massachusetts, Plaintiffs-Appellants, v. CAREMARK, INC.; Caremark International, Inc.; Caremark International Holdings, Inc.; Medpartners, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 21, 2009.

Attorney(s) appearing for the Case

Bill L. Davis, Richard E. Salisbury (argued), Bill Ralph Moss, Austin, TX, for State of TX.

Howard M. Pearl (argued), William Paul Ferranti (argued), Katie P.B. Zell, Winston & Strawn, Chicago, IL, Jennifer L. Weaver, Waller, Lansden, Dortch & Davis, Nashville, TN, Charles J. Muller, III, Strasburger & Price, San Antonio, TX, for Caremark, Inc., Caremark Intern., Inc., Caremark Intern. Holdings, Inc. and Medpartners, Inc.

Siobhan Franklin, Cal. Dept. of Justice, Medi-Cal Fraud & Elder Abuse, San Diego, CA, for State of CA.

Valerie L. Kelly, Little Rock, AR, for State of AR.

Fred Duhy, James R. Murray, Baton Rouge, LA, for State of LA.

Manisha S. Desai, Waller, Lansden, Dortch & Davis, Nashville, TN, for Caremark, Inc. in No. 08-50359.

Lorinda Holloway, Kurt Howard Kuhn, Brown McCarroll, L.L.P., Austin, TX, for States of IL, DE and MA.

Before SMITH, GARZA and CLEMENT, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

This interlocutory appeal arises out of litigation involving the United States, several individual states (the "States"), and Defendant-Appellee Caremark, Inc. ("Caremark"). The States moved, on the grounds of sovereign immunity, to dismiss an affirmative defense asserted by Caremark that the States characterize as a "counterclaim". The district court summarily denied the motion as "premature" given other threshold legal issues. 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