STATE of Michigan ex rel. GURGANUS
v.
CVS CAREMARK CORPORATION.
City of Lansing
v.
Rite Aid of Michigan, Inc.
City of Lansing
v.
CVS Caremark Corporation.
Supreme Court of Michigan.https://leagle.com/images/logo.png
Argued January 16, 2014.
Decided June 11, 2014.
Attorney(s) appearing for the Case
Varnum LLP, Grand Rapids (by Perrin Rynders and Bryan R. Walters ) for Marcia Gurganus, the city of Lansing, Dickinson Press Inc, and Scott Murphy.
Dykema Gossett PLLC (by Jill M. Wheaton , Ann Arbor, Todd Grant Gattoni , Detroit, and Lisa M. Brown ) for Kmart Holding Corporation, Sears Holdings Corporation, Sears Holdings Management Corporation, and Sears, Roebuck and Co.
Barris, Sott, Denn & Driker, PLLC, Detroit, (by Morley Witus ), and Jesse C. Vivian , Livonia, for amicus curiae the Michigan Pharmacists Associaticn.
Bodman PLC (by Janes J. Walsh and Rebecca D'Arcy O'Reilly , Detroit) for amici curiae the National Association of Chain Drug Stores, the National Community Pharmacists Association, the Retail Litigation Center, and the Michigan Retailers Association.
Mosby Law and Mediation (by Lori Mosby ) for amicus curiae the Michigan Association of Health Plans.
Supreme Court of Michigan.
YOUNG, C.J.
This case concerns three actions — two class actions and a qui tam action brought in the name of the state of Michigan — involving allegations that multiple pharmacies in Michigan systematically violated MCL 333.17755(2) by improperly retaining savings that should have been passed on to customers when dispensing generic drugs in the place of their brand-name equivalents. Under MCL 333.17755(2), when a pharmacist receives a prescription for...
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