Actual malice shields pharmacy giant on charges of physician defamation

Federal Courts

By Jay S. Judge

Jay S. Judge, a name partner of Judge, James, Hoban & Fisher LLC in Park Ridge, is a defense attorney who specializes in trials, appeals and insurance coverage. Judge graduated with honors from The John Marshall Law School and served as editor-in-chief of the school’s law review.

Posted May 22, 2018 1:11 PM

Today’s case is an appeal from a $1 million defamation verdict in the U.S. District Court for the Southern District of Indiana for a doctor who sued CVS Pharmacy Inc. after a pharmacy employee claimed the doctor ran a “pill mill” that indiscriminately prescribed opioid medications.In Mimms v. CVS Pharmacy Inc., 2018 WL 2126720 (7th Cir. 2018), plaintiff Dr. Anthony Mimms operated Mimms Functional Rehabilitation, a pain clinic in Indianapolis.He sued CVS because one of its pharmacy workers refused to fill …

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