Practice Area: Antitrust

Case Status: Pending

Court: United States District Court for the Western District of Washington

The Participants in the Lawsuit. Osterhaus Pharmacy is representing a proposed class of pharmacies against CVS Caremark, the largest pharmacy benefit manager (“PBM”) in the country. Berger Montague PC, Cohen & Gresser LLP, along with local counsel the Terrell Marshal Law Group PLLC, have filed the class action lawsuit in the United States District Court for the Western District of Washington.

The Nature of the Claims. The lawsuit alleges that CVS Caremark unlawfully purported to use a loophole in Medicare regulations to assess pharmacy DIR fees in violation of federal antitrust laws and state laws governing contracts. Because CVS Caremark is the country’s largest PBM and controls access to Medicare Part D beneficiaries, it was able to force independent pharmacies to accept the unreasonable terms. 

No Need to Sign Up. Independent pharmacies do not need to sign up to benefit from the potential class action. Osterhaus Pharmacy will ask the Court to allow it to pursue its claims on behalf of other pharmacies. If the Court permits that, pharmacies across the U.S. will be able to share in any money or other legal relief that Osterhaus Pharmacy obtains. That is how a class action works. Pharmacies do not need to take any action at this time to gain benefits from the class action if it is successful. 

Contact Information, Updates, and Questions. If you represent a pharmacy, and you would like to make sure we can contact you about developments in this or related legal proceedings, please complete the form on this page. Also, if you have any specific questions, you may contact our litigation team at [email protected].   

About Berger Montague PC. Berger Montague is a national law firm focusing on complex civil litigation in federal and state courts throughout the United States. For over half a century, Berger Montague has played lead roles in consequential, precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, and Washington, D.C.

About Cohen & Gresser LLP. Cohen & Gresser LLP is an international law firm with offices in New York, Paris, Washington, DC, and London. It has an outstanding record of success in high-stakes and high-profile litigation, investigations, and transactions for its clients, including major financial institutions and companies across the world. The firm has been recognized in a wide range of publications, including Chambers, The Legal 500, Global Investigations Review, Managing IP, U.S. News & World Report’s “Best Law Firms,” Décideurs, and Benchmark Litigation. It has also been named to The National Law Journal’s “Midsize Hot List” and the BTI Client Service A-Team, and over half of its U.S.-based attorneys have been recognized by Super Lawyers.

Practice Area

Submit Your Contact Information

"*" indicates required fields

By clicking SUBMIT you agree to our Terms of Use and Privacy Policy and you are providing express consent to receive communications from Berger Montague via calls, emails, and/or text messages.

On the Cutting Edge of the Profession

Legal Intelligencer