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Kroger to face class action over copays, prices it gives insurance companies

Kroger to face class action over copays, prices it gives insurance companies
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Kroger takes on class action from woman who didn't enroll in savings club but wants savings

COLUMBUS, Ohio (Legal Newsline) – Kroger is fighting a class action lawsuit against it over the prices it charges health insurers for generic drugs by arguing Ohio law has no claim for fraud in the way plaintiffs are pursuing.
The national grocery retailer filed a motion to dismiss on April 9 in Columbus federal court against Judy Kirkbride’s lawsuit, which was filed Jan. 5 and alleges Kroger charges insurers for “usual and customary” prices when it should have accounted for lower prices paid through its Rx Savings Club.
The result for patients was inflated copays, the lawsuit alleges. But Kroger says alleged misrepresentations to a third party (the insurance company) that inadvertently harm customers can’t form the basis of a fraud claim in Ohio. ....

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