Express Scripts Beats Contract Case Over Network Termination

Aug. 28, 2019, 1:06 PM UTC

Express Scripts Inc. doesn’t have to defend a breach of contract suit brought against it by a pharmacy that took over one of its network providers, the Eastern District of Missouri said.

United/Xcel-RX LLC lacked standing to sue Express Scripts because its complaint didn’t allege facts showing it was entitled to enforce a contract signed by its predecessor-in-interest, ABN Healthcare Inc., the court said. ABN, not United/Xcel, contracted to provide pharmacy services to Express Scripts’s customers.

United/Xcel alleged Express Scripts breached a network agreement when it improperly clawed back over $32,000 and ended the relationship. But only parties to a ...

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