Litigation Team Wins Motion to Dismiss Class Action Against Walgreens

A Ropes & Gray team led by business & securities litigation partner Jeff Bushofsky and government enforcement partner Laura Hoey (both of Chicago) recently won a motion to dismiss a putative health care fraud class action brought against Walgreen Co. in the U.S. District Court for the Northern District of Illinois. The plaintiff alleged that Walgreens and other pharmacies improperly billed Medicare for insulin prescriptions, and asserted state-law claims for fraud and unjust enrichment.

On September 22, Judge Samuel Der-Yeghiayan dismissed the case without allowing the plaintiff an opportunity to re-plead. The court held that the Medicare Act preempted the plaintiff’s claims and that the plaintiff failed to exhaust administrative remedies.

The Ropes & Gray team representing Walgreens includes Mr. Bushofsky, Ms. Hoey and government enforcement associate Andrew O’Connor (Boston).