John DOE, One; John Doe, Two; John Doe, Three; John Doe, Four; on behalf of themselves and all others similarly situated; John Doe, Five, Plaintiffs-Appellants,
v.
CVS PHARMACY, INC.; Caremark, LLC; Caremark California Specialty Pharmacy, LLC; National Railroad Passenger Corporation, dba Amtrak; Lowe's Companies, Inc.; Time Warner, Inc., Defendants-Appellees, and
Caremark RX, LLC; CVS Health Corporation, Defendants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submission Deferred June 12, 2020.
Submitted December 1, 2020 San Francisco, California.
Michael Bernstein , Robinson & Cole LLP, New York, New York; Jean E. Tomasco , Robinson & Cole LLP, Hartford, Connecticut; for Defendant-Appellee Time Warner, Inc.
Brian W. Shaffer , Morgan Lewis Bockius LLP, Philadelphia, Pennsylvania; Elise M. Attridge and Seane McMahan , Morgan Lewis Bockius LLP, Washington, D.C.; for Defendant-Appellee National Railroad Passenger Corporation.
Carly A. Myers , Silvia Yee , and Arlene B. Mayerson , Disability Rights Education & Defense Fund, Berkeley, California, for Amici Curiae Disability Rights Education and Defense Fund, Disability Rights Advocates, Disability Rights California, Disability Rights Legal Center, National Health Law Program, and American Civil Liberties Union.
Before: MILAN D. SMITH, JR. and ANDREW D. HURWITZ, Circuit Judges, and TIMOTHY M. BURGESS, District Judge.
OPINION
M. SMITH, Circuit Judge.
Does I-V (Does) are individuals living with HIV/AIDS who have employer-sponsored health plans, and who rely on those plans to obtain prescription drugs. Until recently, Does could fill their prescriptions at community pharmacies, where they were able to consult knowledgeable pharmacists who were familiar...
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