Oral arg. – MSSC – 5/14/2018

At 1:30 the Court will hear the interlocutory appeal of State of Mississippi v. Walgreen Co, State of Mississippi v. Fred’s, and State of Mississippi v. CVS

The State of Mississippi filed lawsuits in the  Chancery Court of Desoto County against various pharmacies claiming that the pharmacies’ had requested Medicaid reimbursement using  “usual and customary”  prices that were inflated.  The Defendants moved to transfer the cases to circuit court arguing that they had a right to a jury trial. The State argues that chancery court had jurisdiction because it is seeking both legal and equitable remedies. The chancellor ordered the cases transferred to circuit court and the State petitioned for  an interlocutory appeal which was granted.

State of Mississippi’s brief

Walgreen and Super D’s brief

State of Mississippi’s reply brief

(There are three cases.  I’m only attaching the briefs from one of the them.  The others can be found by searching the docket for Case Nos. 2017-536 and 2017-539).

Watch the argument here

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