`ELEC~LLY FILED
`LondR'~MhW\::ii'cuit Court
`Deborah Oglesby, Circuit Clerk
`2020-Nov-20 10:00:30
`43CV-20-752
`IN THE CIRCUIT COURT OF LONOKE COUNTY, ARKAi"'"°":t11:cJ--2-3_D0_1_:_1_7_P_ag_e_s_~
`
`Case No. 43CV-20-752
`
`LACKIE DRUG STORE, INC.,
`
`Plaintiff,
`
`V.
`
`ARKANSAS CVS PHARMACY, L.L.C.,
`CVS HEALTH CORPORATION,
`CAREMARK, L.L.C., CAREMARKPCS,
`L.L.C., EXPRESS SCRIPTS, ESI MAIL
`PROCESSING, INC., ESI MAIL
`PHARMACY SERVICE, INC., EXPRESS
`SCRIPTS PHARMACY, MEDIMPACT
`HEAL TH CARE SYSTEMS, INC.,
`MEDIMPACT DIRECT, LLC,
`OPTUMRX, INC., OPTUMRX
`PHARMACY, INC., and
`PHARMACEUTICAL CARE
`MANAGEMENT ASSOCIATION
`
`Defendants.
`
`FIRST AMENDED COMPLAINT
`
`COMES NOW Plaintiff Lackie Drug Store, Inc. ("Lackie Drug" or "Plaintiff"), and
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`alleges as follows:
`
`
`
`Case 4:20-cv-01515-JM Document 2 Filed 12/30/20 Page 2 of 17
`Exhibit 1
`
`PARTIES
`
`1.
`
`Lackie Drug Store, Inc. ("Lackie Drug") is an Arkansas citizen with its
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`principal place of business in Lonoke, Arkansas. It owns and operates an independent
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`retail pharmacy in the City of Lonoke.
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`2.
`
`Arkansas CVS Pharmacy, L.L.C. (" Arkansas CVS Pharmacy") is a citizen of
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`Arkansas. It is an Arkansas limited liability company formed pursuant to Arkansas law.
`
`Its registered agent for service of process is CT Corporation System, 124 West Capitol
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`Ave., Suite 1900, Little Rock, Arkansas 72201. When the phrase "Defendant PBM
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`Affiliate" is used herein, Arkansas CVS Pharmacy is expressly included therein.
`
`3.
`
`CVS Health Corporation ("CVS Health") is a Delaware corporation with its
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`principal place of business located at One CVS Drive, Woonsocket, Rhode Island 02895.
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`Its registered agent for service of process is the Corporation Trust Company, Corporation
`
`Trust Center 1209, Orange St, Wilmington, Delaware 19801. CVS Health is a publicly
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`traded corporation on the New York Stock Exchange. CVS Health owns and operates the
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`retail pharmacy chain known as CVS Pharmacy, a Pharmacy Benefits Manager ("PBM")
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`known as CVS Caremark, and a health insurance provider known as Aetna. When the
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`phrase "Defendant PBM" is used herein, CVS Health Corp. is expressly included therein.
`
`4.
`
`Caremark, L.L.C. is a California limited liability company with its principal
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`place of business located at One CVS Drive, Woonsocket, Rhode Island 02895. Its
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`registered agent for service of process is The Corporation Trust Company, Corporation
`
`Trust Center 1209 Orange Street, Wilmington, Delaware 19801. Caremark, L.L.C. owns,
`
`
`
`Case 4:20-cv-01515-JM Document 2 Filed 12/30/20 Page 3 of 17
`Exhibit 1
`
`controls, and operates one of the largest Pharmacy Benefit Managers ("PBMs") in the
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`world. When the phrase "Defendant PBM" is used herein, Caremark, L.L.C., is expressly
`
`included therein.
`
`5.
`
`CaremarkPCS, L.L.C. is a Delaware limited liability company with its
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`principal place of business located at One CVS Drive, Woonsocket, Rhode Island 02895.
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`Its registered agent for service of process is CT Corporation System, 450 Veterans
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`Memorial Parkway, Suite 7 A, East Providence, Rhode Island 02914. Together, Caremark,
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`L.L.C. and CaremarkPCS, L.L.C. (collectively referred to as "Caremark") own, control,
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`and operate one of the largest PBMs in the world. When the phrase "Defendant PBM" is
`
`used herein, CaremarkPCS, L.L.C., and Caremark are expressly included therein.
`
`6.
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`Express Scripts, Inc. ("Express Scripts") is a Delaware corporation with its
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`principal place of business located at One Express Way, HQ2E04, St. Louis, Missouri
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`63121. Its registered agent for service of process is CSC-Lawyers Incorporating Service
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`Company, 221 Bolivar Street, Jefferson City, Missouri 65101. Express Scripts owns and
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`operates one of the largest PBMs in the world. When the phrase "Defendant PBM" is used
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`herein, Express Scripts is expressly included therein.
`
`7.
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`ESI Mail Order Processing, Inc. ("ESI Mail Order Processing") is a Delaware
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`corporation with its principal place of business located at One Express Way, St. Louis,
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`Missouri 63121. Its registered agent for service of process is Corporation Service
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`Company, 251 Little Falls Drive, Wilmington, Delaware 19808.
`
`8.
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`ESI Mail Pharmacy Service, Inc. ("ESI Mail Pharmacy Service") is a
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`Delaware corporation with its principal place of business located at One Express Way, St.
`
`
`
`Case 4:20-cv-01515-JM Document 2 Filed 12/30/20 Page 4 of 17
`Exhibit 1
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`Louis, Missouri 63121. Its registered agent for service of process is Corporation Service
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`Company, 251 Little Falls Drive, Wilmington, Delaware 19808.
`
`9.
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`Express Scripts Pharmacy, Inc. ("Express Scripts Pharmacy") is a Delaware
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`corporation with its principal place of business located at One Express Way, St. Louis,
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`Missouri 63121. Its registered agent for service of process is Corporation Service
`
`Company, 251 Little Falls Drive, Wilmington, Delaware 19808.
`
`10.
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`Together, ESI Mail Order Processing, ESI Mail Pharmacy Service, and
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`Express Scripts Pharmacy ( collectively referred to as "Express Scripts Mail Order
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`Pharmacy") own and operate pharmacy services in the United States that dispenses
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`prescription medication through the mail to consumers in the State of Arkansas. When
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`the phrase "Defendant PBM affiliate" is used herein, all of these entities comprising
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`Express Scripts Mail Order Pharmacy are expressly included therein.
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`11. Medlmpact Healthcare Systems, Inc. ("Medlmpact") is a California
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`corporation with its principal place of business located at 10181 Scripps Gateway Ct, San
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`Diego, California 92131. Its registered agent for service of process is CT Corporation
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`System, 818 West Seventh Street, Suite 930, Los Angeles, California 90017. Medlmpact
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`owns and operates one of the largest PBMs in the world. When the phrase "Defendant
`
`PBM" is used herein, Medlmpact is expressly included therein
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`12. Medlmpact Direct, LLC ("Medlmpact Direct") 1s an Arizona limited
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`liability company with its principal place of business located at 8060 S Kyrene Road,
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`Tempe, Arizona 85284. Its registered agent for service of process is CT Corporation
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`System, 3800 N Cenh·al Avenue, Suite 460, Phoenix, Arizona 85012. Medlmpact Direct
`
`
`
`Case 4:20-cv-01515-JM Document 2 Filed 12/30/20 Page 5 of 17
`Exhibit 1
`
`owns and operates a pharmacy service in the United States that dispenses prescription
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`medication through the mail to consumers in the State of Arkansas. When the phrase
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`"Defendant PBM affiliate" is used herein, Medimpact Direct is expressly included
`
`therein.
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`13.
`
`OptumRX, Inc. ("OptumRX") is a California corporation with its principal
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`place of business located at 2300 Main Street, MS CA134-0501, Irvine, California 92614.
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`Its registered agent for service of process is CT Corporation System, 818 West Seventh
`
`Street, Suite 930, Los Angeles, California 90017. OptumRX owns and operates one of the
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`largest PBMs in the world. When the phrase "Defendant PBM" is used herein, OptumRX,
`
`Inc., is expressly included therein.
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`14.
`
`OptumRX Pharmacy, Inc.
`
`("OptumRX Pharmacy")
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`is a Delaware
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`corporation with its principal place of business located at 2300 Main Street, Irvine,
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`California 92614. Its registered agent for service of process is The Corporation Trust
`
`Company, Corporation Trust Center 1209 Orange Street, Wilmington, Delaware 19801.
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`OptumRX Pharmacy, Inc. owns and operates a pharmacy service in the United States that
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`dispenses prescription medication through the mail to Arkansas consumers. When the
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`phrase "Defendant PBM affiliate" is used herein, OptumRX Pharmacy is expressly
`
`included therein.
`
`15.
`
`Pharmaceutical Care Management Association ("PCMA") is the national
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`trade association representing Pharmacy Benefit Managers ( or "PBMs") with a principal
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`place of business in Washington, D.C. When the phrase "Defendant PBM" is used herein,
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`Caremark, L.L.C., is expressly included therein. The PCMA is operated, in effect, by its
`
`
`
`Case 4:20-cv-01515-JM Document 2 Filed 12/30/20 Page 6 of 17
`Exhibit 1
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`member PBMs and their affiliates to promote their wrongful schemes and conspiracy
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`alleged in this pleading.
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`JURISDICTION AND VENUE
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`16.
`
`This Court has subject matter jurisdiction over these claims pursuant to
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`Ark. Code Ann.§ 16-13-201.
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`17.
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`This Court has personal jurisdiction over all parties to this action pursuant
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`to Ark. Code Ann.§ 16-4-101 as all parties have extensive business operations in the State
`
`of Arkansas specifically related to the allegations made the basis of this Complaint.
`
`18.
`
`Venue is proper in Lonoke County Circuit Court pursuant to Ark. Code
`
`Ann.§ 16-60-101(b)(l).
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`FACTUAL ALLEGATIONS
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`19. Many residents of Lonoke County and other citizens throughout the State
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`of Arkansas receive their prescription drug benefits through health plans, including self(cid:173)
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`funded and insured health benefit plans.
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`20.
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`These health plans contract with Pharmacy Benefit Managers ( or "PBMs"),
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`which administer and manage the health plans' prescription drug benefits, and to make
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`reimbursement payments to pharmacies after filling a prescription for a consumer.
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`21.
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`Plaintiff fills prescriptions to health plan participants by using drugs
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`purchased from wholesalers or manufacturers, and is independently owned; meaning, it
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`is not publicly traded or owned by a big brand national pharmacy chain.
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`22. When the consumer patient visits Lackie Drug, the pharmacist runs the
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`consumer's health plan identification numbers in a computer system that informs the
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`
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`Case 4:20-cv-01515-JM Document 2 Filed 12/30/20 Page 7 of 17
`Exhibit 1
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`pharmacist what the copayment the consumer owes and how much the pharmacy will
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`obtain by reimbursement from the consumer's health plan's PBM.
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`23.
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`PBMs utilize Maximum Allowable Cost ("MAC") methodologies in order
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`to determine what amounts they will reimburse pharmacies for prescription drugs.
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`MA Cs specify an allowable reimbursement by a PBM to a pharmacist or pharmacy based
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`upon the availability of a drug from multiple manufacturers but sold at different prices.
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`MAC methodology is a common reimbursement metric for PBMs.
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`24.
`
`PBMs determine reimbursement rates for drugs from Average Wholesale
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`Prices (" A WP"), Maximum Allowable Costs ("MAC") lists made available by state
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`Medicaid systems, PBMs' negotiation of in-house mail-order pharmacy rates (i.e., the
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`amount that Defendant PBMs can negotiate as a self-interested pharmacist), and other
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`variables chosen by the PBMs.
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`25.
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`Historically, the MAC methodology was/is unavailable for review to
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`anyone except for the PBM.
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`26.
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`Arkansas, however, statutorily requires PBMs to allow pharmacists and
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`pharmacies access to the PBMs' Maximum Allowable Cost ("MAC") Lists. These
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`statutorily mandated lists include generally a listing of drugs or other methodology used
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`by a PBM, directly or indirectly, to set the maximum allowable payment to a pharmacy
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`or pharmacist for a generic drug, brand-name drug, biologic product, or other
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`prescription drug. Access to the PBM' s Maximum Allowable Cost List allows the
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`pharmacist or pharmacy to know the reimbursement rate of the drug prior to filling the
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`prescription for the consumer. Further, Arkansas law mandates all PBMs to update their
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`
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`Case 4:20-cv-01515-JM Document 2 Filed 12/30/20 Page 8 of 17
`Exhibit I
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`MAC Lists in a timely manner so each Arkansas pharmacist and pharmacy has current
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`information as to pricing.
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`27.
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`The Defendant PBMs administer or manage pharmacy benefit plans or
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`programs for Arkansas consumers of prescription drugs.
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`28.
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`The market reality exists that Lackie Drug is forced to engage with the
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`Defendant PBMs to fill drug prescriptions for patients, and then are further dependent
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`on the Defendant PBMs to pay them insurance reimbursements for their filled
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`prescriptions based upon the Defendant PBMs' MACs.
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`29.
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`However, contrary to Arkansas law and to further their conspiracy of
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`anticompetitive and unconscionable business practices, the Defendant PBMs do not
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`allow Lackie Drug access to their MAC Lists or pricing methodologies.
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`30.
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`Instead, the reimbursement system controlled by the Defendant PBMs
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`forces Lackie Drug to fill prescriptions without the benefit of the current MAC and often
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`times upon outdated information with full knowledge and with the purpose of causing
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`Lackie Drug to lose money in the transaction because its cost for the particular drug is
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`higher than what they PBM will provide them as an insurance reimbursement.
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`31.
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`Further, Defendant PBMs know that due to the reimbursement process,
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`once the back-end price is set for the reimbursement, Lackie Drug is stuck just taking that
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`lower amount in order to get some reimbursement. But again, and indeed by design, the
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`Defendant PBMs and their Defendant PBM Affiliates purposely cause Lackie Drug to lose
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`money.
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`
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`Case 4:20-cv-01515-JM Document 2 Filed 12/30/20 Page 9 of 17
`Exhibit 1
`
`32.
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`The Defendant PBMs and the Defendant PBM Affiliates are knowledgeable
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`and, in fact, intend for Lackie Drug to lose substantial sums of money in this blind
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`reimbursement process in order to remove Lackie Drug, and other Arkansas'
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`independent pharmacies like it and that compete against Arkansas CVS Pharmacy and
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`other PBM Affiliates, from the marketplace or force them to sell their business to a big
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`brand PBM Affiliate' s pharmacy controlled, operated, and preferred by a PBM.
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`33.
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`In fact, in recent State audits, it is clear that the Defendant PBM lessen their
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`profit spreads with Arkansas CVS Pharmacy and the other Defendant PBM Affiliates, but
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`have lower insurance reimbursements for Lackie Drug and independent pharmacies.
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`34.
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`As such, the beneficiaries under the Defendant PBMs' and Defendant PBM ·
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`Affiliate' s unlawful scheme to eliminate Lackie Drug and possibly other Arkansas'
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`independent pharmacies are Arkansas CVS Pharmacy and other PBM affiliates
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`competing for pharmaceutical business in Arkansas.
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`35.
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`In fact, Arkansas CVS Pharmacy, through its multiple stores throughout the
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`State of Arkansas, participates as an active co-conspirator in the anticompetitive,
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`deceptive, unconscionable, and unfair practices alleged in this complaint. Arkansas CVS
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`Pharmacy also directly benefits from its participation in the unlawful scheme by
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`purchasing the financially suffering business's pharmaceutical accounts and setting up
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`another one of its big brand CVS or Target pharmacy stores in Arkansas.
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`36.
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`Arkansas CVS Pharmacy, the Defendant PBMs and their respective
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`Defendant PBM affiliates conspire to:
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`a. Deny Lackie Drug access to the Defendant PBMs' MAC Lists;
`
`
`
`Case 4:20-cv-01515-JM Document 2 Filed 12/30/20 Page 10 of 17
`Exhibit 1
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`b. Deny Lackie Drug timely and updated information about PBMs' MAC;
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`c. Provide Defendant PBM affiliates with access to Defendant PBMs' MAC Lists
`to Lackie Drug's competitive detriment;
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`d. Provide Defendant PBM affiliates with timely and updated information about
`Defendant PBMs' MAC, and not do so with respect to Lackie Drug; and
`
`e. Reimburse Lackie Drug less money for its prescription fills than what Arkansas
`CVS Pharmacy and other Defendant PBM affiliates are provided for the same
`prescription drugs.
`
`37.
`
`Through this conspiracy, Arkansas CVS Pharmacy, the Defendant PBMs
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`and their respective Defendant PBM affiliates desire is to force independent pharmacies
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`like Lackie Drug to suffer severe financial stress and go broke, or to sell their business or
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`accounts at depressed market prices to Arkansas CVS Pharmacy or another Defendant
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`PBM Affiliate.
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`COUNTI
`
`VIOLATION OF THE ARKANSAS DECEPTIVE TRADE PRACTICES ACT
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`PURSUANT TO VIOLATIONS OF A.C.A. § 17-92-507
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`38.
`
`Plaintiff incorporates all allegations asserted above.
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`39.
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`Plaintiff is a pharmacy as defined by AC.A. § 17-92-507(a)(5).
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`40.
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`Pursuant to A.CA. § 17-92-507(c)(1), Defendant PMBs are required to
`
`provide access to their Maximum Allowable Costs List to Plaintiff.
`
`
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`Case 4:20-cv-01515-JM Document 2 Filed 12/30/20 Page 11 of 17
`Exhibit 1
`
`41.
`
`Pursuant to A.CA. § 17-92-507(a)(l)(A) & (b) and (c)(l), the MAC
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`information required to be provided includes the listing of drugs or other methodology
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`setting maximum allowable payment and further without limitation:
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`(i)
`
`Average acquisition cost,
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`including national average drug
`
`acquisition cost;
`
`(ii)
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`Average manufacturer price;
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`(iii) Average wholesale price;
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`(iv) Brand effective rate or generic effective rate;
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`(v)
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`Discount indexing;
`
`(vi)
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`Federal upper limits;
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`(vii) Wholesale acquisition cost; and
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`(viii) Any other term that a pharmacy benefit manager or a healthcare
`
`insurer may use to establish reimbursement rates to a pharmacist or
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`pharmacy for pharmacist services.
`
`42.
`
`Defendant PBMs have failed to and continue to fail to provide the
`
`statutorily mandated information for their MAC's as defined by A.CA§ 17-92-507(a)(l),
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`to include their failure to provide Plaintiff the "methodology used by pharmacy benefits
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`manager, directly or indirectly, setting the maximum payment" and" Any other term that
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`a pharmacy benefit manager or a healthcare insurer may use to establish reimbursement
`
`rates to a pharmacist or pharmacy for pharmacist services."
`
`43.
`
`Pursuant to A.CA. § 17-92-507(c)(2), Defendant PBMs are required to
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`timely update the MAC Lists, which in turn provides timely reimbursement information
`
`
`
`Case 4:20-cv-01515-JM Document 2 Filed 12/30/20 Page 12 of 17
`Exhibit 1
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`to Plaintiff. Defendant PBMs failed to and continue to fail to provide the statutorily
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`mandated timely information to Plaintiff.
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`44.
`
`Pursuant to A.C.A. § 17-92-507(d)(l), Defendant PBMs are prohibited from
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`reimbursing Plaintiff an amount less than the amount that the Defendant PBMs
`
`reimburses a PBM affiliate for providing the same pharmacist services. However,
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`Defendant PBMs reimburse Plaintiff an amount less than the amount that the Defendant
`
`PBMs reimburse a PBM affiliate for providing the same pharmacist services.
`
`45.
`
`Defendants' actions violate A.C.A. § 17-92-507,
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`thereby making
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`Defendants' actions a deceptive and unconscionable trade practice pursuant to the
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`Arkansas Deceptive Trade Practices Act,§ 4-88-101, et seq.
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`46.
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`The activities at issue are consumer-oriented practices because of the
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`negative impact they have on patient consumers trying to obtain their prescription drugs
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`at a fair price.
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`47.
`
`Defendants' actions alleged above constitute a violation of the of the
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`Arkansas Deceptive Trade Practices Act(" ADTPA") pursuant to A.C.A. §17-92-507(g)(l).
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`48.
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`Defendants' ADTP A violations have proximately caused actual financial
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`losses to Plaintiff.
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`In fact, through Defendants' forced sale of prescription drugs to
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`consumers without
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`fair and proper, but
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`instead anticompetitive
`
`insurance
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`reimbursements, Plaintiff has been and continues to be compelled to habitually and
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`routinely sell prescriptions to a consumer at an actual financial loss. Indeed, Plaintiff's
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`actual financial losses are calculable from its records demonstrating its costs for the
`
`
`
`Case 4:20-cv-01515-JM Document 2 Filed 12/30/20 Page 13 of 17
`Exhibit I
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`pharmaceutical~ purchased and the actual reimbursements received from the Defendant
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`PBMs.
`
`49.
`
`Plaintiff relied upon Defendants' to follow Arkansas law, not engage in
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`anticompetitive and deceptive practices, and further, to not violate A.CA. §17-92-
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`507(g)(l), and has suffered actual financial losses due to Defendants' legal transgressions.
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`50.
`
`Pursuant to A.CA.§ 4-88-113(f)(l)(A), Plaintiff is entitled to recovery of its
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`actual financial losses.
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`51.
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`Pursuant to Arkansas Code Annotated § 4-88-113(£)(3), Plaintiff is also
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`entitled to an award of its reasonable attorneys' fees.
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`COUNT II
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`VIOLATION OF THE TRADE PRACTICES ACT
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`PURSUANT TO VIOLATIONS OF A.C.A. § 17-92-507
`
`52.
`
`Plaintiff incorporates all allegations asserted above.
`
`53.
`
`Defendants' actions alleged above constitute a violation of the Trade
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`Practices Act ("TPA"), AC.A.§ 23-66-201, et seq., pursuant to A.CA. §17-92-507(g)(l).
`
`54.
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`Defendants' are liable to Plaintiff for civil penalties for each transaction
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`involving the Plaintiff where Defendants forced Plaintiff to fill a prescription at a financial
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`loss as detailed herein, and in an amount of $10,000.00 per violation.
`
`
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`Case 4:20-cv-01515-JM Document 2 Filed 12/30/20 Page 14 of 17
`Exhibit 1
`
`COUNT III
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`VIOLATION OF THE UNFAIR PRACTICES ACT
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`55.
`
`Plaintiff incorporates all allegations asserted above.
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`56.
`
`Defendants' wrongdoing as described above are anticompetitive practices
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`in violation of the Unfair Practices Act of A.CA. §4-75-201 et seq.
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`57.
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`The legislative purpose of the Unfair Practices act is to safeguard the public
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`against the creation or perpetuation of monopolies and to foster and encourage
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`competition by prohibiting unfair and discriminatory practices by which fair and honest
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`competition is destroyed or prevented. A.CA §4-75-202.
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`58.
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`Defendants' wrongdoing alleged here frustrates, and in fact is intentionally
`
`designed to prevent honest competition and perpetuate monopolies by the owners of big
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`brand stores, which control the PBMs and are treated much more favorably by the PBMs,
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`and thus, their actions are in violation of the Unfair Practices Act.
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`59.
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`Defendants' wrongdoing has proximately caused Plaintiff to suffer actual
`
`financial losses and damages, to which Defendants are liable to the Plaintiff.
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`60.
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`Plaintiff is also entitled to a temporary, preliminary and a permanent
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`injunction that ends the wrongful practices alleged herein and that are in violation of the
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`Unfair Practices Act.
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`
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`Case 4:20-cv-01515-JM Document 2 Filed 12/30/20 Page 15 of 17
`Exhibit 1
`
`COUNT III
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`CONSPIRACY
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`61.
`
`Plaintiff incorporates all allegations asserted above.
`
`62.
`
`Defendants purposely and knowingly entered into a conspiracy to violate
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`Arkansas law, and specifically, the provisions of the MAC reimbursement statute (A.CA.
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`17-92-507) the ADTPA, the Trade Practices Act, and the Unfair Practices Act, and to cause
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`actual financial losses and further anticompetitive harms to Plaintiff.
`
`63.
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`Defendants' violations of Arkansas law were overt acts in furtherance of
`
`their conspiracy and performed with the specific intent to cause Plaintiff to suffer harm
`
`as alleged herein.
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`64.
`
`Defendants' conspiracy and intentional actions proximately caused
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`Plaintiff to suffer damages, for which Defendants are liable.
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`COUNT IV
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`DECLARATORY RELIEF
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`65.
`
`Plaintiff incorporates all allegations asserted above.
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`66.
`
`Pursuant to Ark. Code Ann.§ 16-111-102, Plaintiff seeks a declaration that
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`Defendants' actions violate A.CA. §17-92-507.
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`67.
`
`Pursuant to Ark. Code Ann. § 16-111-108, upon a determination
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`Defendants' actions violate Arkansas law, Plaintiff seek supplemental relief in the form
`
`
`
`Case 4:20-cv-01515-JM Document 2 Filed 12/30/20 Page 16 of 17
`Exhibit 1
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`of an injunction requiring Defendants to comply with A.CA. §17-92-507, and for all other
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`injunctive relief to which they may prove themselves entitled.
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`68.
`
`Pursuant to Ark. Code Ann. § 16-111-108, upon a determination
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`Defendants' actions violate Arkansas law, Plaintiff seek supplemental relief in the form
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`of disgorgement of all monies received by Defendant PBM affiliates at higher
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`reimbursement rates than received by the Plaintiff for the same pharmacists services.
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`69.
`
`Pursuant to Ark. Code Ann. § 16-111-110, upon a determination
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`Defendants' actions violate Arkansas law, Plaintiff seeks its costs.
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`JURY TRIAL DEMANDED
`
`70.
`
`Plaintiff demands a jury of twelve on all issues so triable.
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`[This space intentionally left blank.]
`
`
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`Case 4:20-cv-01515-JM Document 2 Filed 12/30/20 Page 17 of 17
`Exhibit 1
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff prays that the Court enters judgment in his favor on all of
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`the claims asserted herein, to Order all of the requested relief pled above, and to provide
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`Plaintiff all other just and appropriate relief.
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`DATED:
`
`November 20, 2020
`
`Respectfully submitted,
`
`POYNTER TUCKER
`An Association of Law Firms
`
`Scott Poynter, AR Bar. 09077
`scott@poynterlawgroup.com
`Daniel Holland, AR Bar. 2019237
`daniel@poynterlawgroup.com
`POYNTER LAW GROUP, PLLC
`Everett Clarke Tucker, AR Bar 2006307
`clarke@clarketucker.com
`CLARKE TUCKER LAW, PLLC
`407 President Clinton Ave., Suite 201
`Little Rock, AR 72201
`Ph. (501) 812-3943
`
`James C. Wyly, AR Bar No. 90158
`jwyly@wylyrommel.com
`Sean F. Rommel, AR Bar No. 94158
`srommel@wylyrommel.com
`WYLY-ROMMEL, PLLC
`4004 Texas Boulevard
`Texarkana, TX 75503
`(903) 334-8646
`
`