by Alan Mansfield on January 21, 2021
Recently the Ninth Circuit Court of Appeals overturned a lower court decision, holding that five “John Doe” HIV patients could pursue a discrimination claim against CVS Caremark for requiring HIV and AIDS patients to obtain their medications by mail-order or drop shipment to a CVS store.
The Ninth Circuit Court of Appeals reversed the lower court decision that found the plaintiffs had not adequately alleged a disability discrimination claim, finding the plaintiffs properly alleged that the CVS mail order program violated the anti-discrimination provisions of the Affordable Care Act (“ACA”). [click to continue…]
by Alan Mansfield on March 19, 2019
There is a frequent question about obtaining injunctive relief on behalf of the public when the lawsuit involves a mandatory arbitration clause. Such situations commonly occur in consumer class action litigation.
In this article in the ABTL (Association of Business Trial Lawyers) Report, attorney Alan Mansfield discusses the California Supreme Court decision in McGill v. Citibank, N.A. (2017) 2 Cal. 5th 945, and its practical applications for practitioners.
by Alan Mansfield on December 30, 2015
On December 22, 2015, a lawsuit was filed against Coventry Health for implementing a mandatory mail order program for HIV/AIDS specialty medications, contrary to the terms of a settlement agreement and representations made by its parent company, Aetna, Inc. The lawsuit is pending in the Southern District of Florida, and will be posted here shortly
