Dale O. Thornsjo , Lance D. Meyer , O'Meara, Leer, Wagner & Kohl, P.A., Minneapolis, MN, for amici curiae The Insurance Federation of Minnesota, The American Tort Reform Association, and Minnesotans for Lawsuit Reform.
William L. Davidson , Lind, Jensen, Sullivan & Peterson, P.A., Minneapolis, MN, for amicus curiae Minnesota Defense Lawyers Association.
Leah Ceee O. Boomsma , Briggs and Morgan, P.A., Minneapolis, MN, for amici curiae The National Association of Chain Drug Stores, National Community Pharmacists Association, Retail Litigation Center, Minnesota Pharmacists Association, Independent Pharmacy Cooperative, Thrifty White Pharmacy, and the Minnesota Chamber of Commerce.
Donald R. McNeil , Stephen F. Buterin , Heley, Duncan & Melander, PLLP, Minneapolis, MN, for amicus curiae National Labor Alliance of Health Care Coalitions.
Mark S. Olson , Mark Schneebeck , Oppenheimer, Wolff & Donnelly, L.L.P., Minneapolis, MN; and Hugh F. Young, Jr. , Product Liability Advisory Council, Inc., Reston, VA, for amicus curiae Product Liability Advisory Council, Inc.
Supreme Court of Minnesota.
OPINION
Meyer, Helen, Acting Justice1.
At issue in this case is (1) whether Minn. Stat. § 151.21, subd. 4 (2012) creates a private cause of action in favor of respondents, two health and welfare funds, against appellant pharmacies for failing to pass on the difference between the acquisition cost of brand name drugs and substituted generic prescription drugs; and (2) whether the funds pleaded a claim for relief under Minn...
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