Bloomberg Law
May 19, 2022, 3:54 PM

OptumRx, Pharma Board Partially Prevail in Due Process Lawsuit

Mary Anne Pazanowski
Mary Anne Pazanowski
Legal Reporter

Drug wholesalers partially lost a suit alleging that a pharmacy board’s denial of their accreditation applications violated their constitutional due process rights, because the board isn’t a state actor, the Third Circuit said Thursday.

The National Association of Boards of Pharmacy is a private entity and wasn’t acting on behalf of the the federal or state government, and therefore isn’t subject to suit under federal civil rights law, the US Court of Appeals for the Third Circuit said.

But the court sent the case back to a federal trial court to determine if Oak Drugs Inc. and PriMed Pharmaceuticals LLC ...

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