Legal Opinion
Kelley v. CVS Pharmacy, Inc.
Massachusetts Superior Court
Decided August 24, 2007No. 980897BLS2PublishedCited by 3 opinions
1Opinion of the Court
Gants, Ralph D., J.
On March 21, 1996, CVS Pharmacy, Inc. (“CVS”) entered into an agreement with the defendant Merck & Co., Inc. (“Merck”) regarding a Pharmacy Mailing Program (“the Program”).2 Under the Program, CVS agreed to mail certain letters that were approved by Merck to CVS customers who had been prescribed certain medications. CVS customers were not asked to consent to their inclusion in the Program. CVS identified which of its customers should receive which of the Merck letters, and provided Ele-nsys Care Services, Inc. (“Elensys”), who CVS had retained to administer the mailings,…
2Cases cited35 opinions
- PMP Associates, Inc. v. Globe Newspaper Co.Massachusetts Supreme Judicial Court · 1975
- Linthicum v. ArchambaultMassachusetts Supreme Judicial Court · 1979
- Demoulas v. Demoulas Super Markets, Inc.Massachusetts Supreme Judicial Court · 1997
- Slaney v. Westwood Auto, Inc.Massachusetts Supreme Judicial Court · 1975
- Riley v. PresnellMassachusetts Supreme Judicial Court · 1991
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3Cited by3 opinions
- Aspinall v. Philip Morris Companies, Inc.Massachusetts Superior Court · 2014
- Geanacopoulos v. Philip Morris Usa, Inc.Massachusetts Superior Court · 2016
- Webb v. Injured Workers Pharmacy, LLCDistrict Court, D. Massachusetts · 2023