Opinion
Civil Action 14-cv-824
03-25-2024
UNITED STATES OF AMERICA ex rel. SARAH BEHNKE, Plaintiff, v. CVS CAREMARK CORPORATION et al., Defendants.
ORDER
MITCHELL S. GOLDBERG, J.
AND NOW, this 25th day of March, 2024, upon consideration of Caremark's motion for summary judgment, Relator's motion for partial summary judgment, and the responses and replies thereto, and following oral argument on February 6, 2024, and for the reasons set out in the accompanying memorandum opinion, it is hereby ORDERED that:
1. Caremark's motion for summary judgment (ECF No. 269) is GRANTED in part and DENIED in part as follows:
a. The motion is GRANTED as to Caremark's payments to CVS Pharmacy in 2011 and 2012.
b. The motion is DENIED in all other respects.
2. Relator's motion for partial summary judgment (ECF No. 265) is GRANTED in part and DENIED in part as follows:
a. The motion is GRANTED as to falsity with respect to payments to Walgreens and Rite Aid, and as to whether Caremark caused SilverScript to submit false claims.
b. The motion is DENIED in all other respects.