Beeman v. Anthem Prescription Mgmt., LLC

• Decision Date: 31 October 2011
• Docket Number: Nos. 07–56692,07–56693.,s. 07–56692
• Citation: 2011 Daily Journal D.A.R. 16035,661 F.3d 1199,11 Cal. Daily Op. Serv. 13465
• Parties: Jerry BEEMAN and Pharmacy Services, Inc., doing business as Beemans Pharmacy; Anthony Hutchinson and Rocida Inc., doing business as Finleys Rexall Drug; Charles Miller, doing business as Yucaipai Valley Pharmacy; Jim Morisoli and American Surgical Pharmacy Inc., doing business as American Surgical Pharmacy; Bill Pearson and Pearson and House, on behalf of themselves and all others similarly situated and on behalf of the general public; doing business as Pearson Medical Group Pharmacy, Plaintiffs–Appellees, v. ANTHEM PRESCRIPTION MANAGEMENT, LLC; Argus Health Systems, Inc.; Benescript Services, Inc.; FFI Rx Managed Care; First Health Services Corporation; Managed Pharmacy Benefits, Inc., formerly known as Cardinal Health MPB Inc.; National Medical Health Card Systems, Inc.; Pharmacare Management Services, Inc.; Prime Therapeutics; Restat Corporation; Rx Solutions, Inc.; Tmesys, Inc.; WHP Health Initiatives, Inc.; Mede America Corp., Defendants–Appellants.Jerry Beeman and Pharmacy Services, Inc., doing business as Beemans Pharmacy; Anthony Hutchinson and Rocida Inc., doing business as Finleys Rexall Drug; Charles Miller, doing business as Yucaipai Valley Pharmacy; Jim Morisoli and American Surgical Pharmacy Inc., doing business as American Surgical Pharmacy; Bill Pearson and Pearson and House, on behalf of themselves and all others similarly situated and on behalf of the general public; doing business as Pearson Medical Group Pharmacy, Plaintiffs–Appellees, v. TDI Managed Care Services, Inc., doing business as Eckerd Health Services; Medco Health Solutions, Inc.; Express Scripts, Inc.; Advance PCS, Advance PCS Health, L.P.; Rx Solutions, Inc., Defendants–Appellants.
• Court: U.S. Court of Appeals — Ninth Circuit

11 Cal. Daily Op. Serv. 13,465

2011 Daily Journal D.A.R. 16,035

661 F.3d 1199

Jerry BEEMAN and Pharmacy Services, Inc., doing business as Beemans Pharmacy; Anthony Hutchinson and Rocida Inc., doing business as Finleys Rexall Drug; Charles Miller, doing business as Yucaipai Valley Pharmacy; Jim Morisoli and American Surgical Pharmacy Inc., doing business as American Surgical Pharmacy; Bill Pearson and Pearson and House, on behalf of themselves and all others similarly situated and on behalf of the general public; doing business as Pearson Medical Group Pharmacy, Plaintiffs–Appellees,

v.ANTHEM PRESCRIPTION MANAGEMENT, LLC; Argus Health Systems, Inc.; Benescript Services, Inc.; FFI Rx Managed Care; First Health Services Corporation; Managed Pharmacy Benefits, Inc., formerly known as Cardinal Health MPB Inc.; National Medical Health Card Systems, Inc.; Pharmacare Management Services, Inc.; Prime Therapeutics; Restat Corporation; Rx Solutions, Inc.; Tmesys, Inc.; WHP Health Initiatives, Inc.; Mede America Corp., Defendants–Appellants.Jerry Beeman and Pharmacy Services, Inc., doing business as Beemans Pharmacy; Anthony Hutchinson and Rocida Inc., doing business as Finleys Rexall Drug; Charles Miller, doing business as Yucaipai Valley Pharmacy; Jim Morisoli and American Surgical Pharmacy Inc., doing business as American Surgical Pharmacy; Bill Pearson and Pearson and House, on behalf of themselves and all others similarly situated and on behalf of the general public; doing business as Pearson Medical Group Pharmacy, Plaintiffs–Appellees,

v.TDI Managed Care Services, Inc., doing business as Eckerd Health Services; Medco Health Solutions, Inc.; Express Scripts, Inc.; Advance PCS, Advance PCS Health, L.P.; Rx Solutions, Inc., Defendants–Appellants.

Nos. 07–56692

07–56693.

United States Court of Appeals, Ninth Circuit.

Oct. 31, 2011.

Allan Browne, Esquire, Dreier Stein Kahan Browne Woods George LLP, Los Angeles, CA, Alan M. Mansfield, Esquire, Rosner & Mansfield LLP, San Diego, CA, for Plaintiffs–Appellees.

Molly Moriarty Lane, Esquire, Thomas M. Peterson, Richard S. Odom, Esquire, Morgan Lewis & Bockius, LLP, San Francisco, CA, Benjamin J. Fox, Esquire, Morrison & Foerster LLP, Jason Levin, Martin D. Schneiderman, Esquire, Steptoe & Johnson LLP, Kent A. Halkett, Esquire, Musick Peeler and Garrett, David Alverson, Sonnenschein Nath & Rosenthal, LLP, Tara L. Cooper, Daniel A. Johnson, Esquire, Alan J. Watson, Esquire, Holland & Knight, LLP, Kevin J. Snyder, Esquire, Dykema Gossett LLP, Brett Linden McClure, Esquire, Reed, Smith, Crosby & Heafey, Stuart H. Katz, Esquire, White & Case LLP, Matthew Oster, McDermott Will & Emery, LLP, Neil R. O'Hanlon, Esquire, Hogan & Hartson, LLP, Los Angeles, CA, Michael I. Katz, Trial, Thomas Whitelaw & Tyler LLP, Tanya N. Oesterreich, Esquire...