Plaintiffs allege that CVS inflated co-payments by misrepresenting the "usual and customary" price for those drugs in violation of state consumer protection laws. After the district court granted summary judgment against plaintiffs and narrowed the certified classes, plaintiffs successfully appealed to the Ninth Circuit. The Ninth Circuit reversed all of the district court's findings and remanded the case.
The district court subsequently certified the broader classes requested by plaintiffs and set the case for trial. Jury selection will begin on April 15, 2020.