Legal Opinion
United States Ex Rel. Garbe v. Kmart Corp.
Court of Appeals for the Seventh Circuit
Decided May 27, 2016No. 15-1502PublishedCited by 39 opinions
1Opinion of the Court
WOOD, Chief Judge.
James Garbe, an experienced pharmacist, began working at Kmart pharmacy in Ohio in 2007. One day, Garbe picked up a personal prescription at a competitor pharmacy. When he reviewed his receipt, Garbe got a surprise: the competitor pharmacy had charged his Medicare Part D insurer far less than Kmart ordinarily charged it for the same prescription. Curious to see whether his discovery was a one-off, he started inspecting Kmart’s pharmacy reimbursement claims. His amateur detective work revealed that Kmart routinely charged customers with insurance — whether public or private —…
2Cases cited31 opinions
- Neder v. United StatesSupreme Court of the United States · 1999
- Lindh v. MurphySupreme Court of the United States · 1997
- Auer v. RobbinsSupreme Court of the United States · 1997
- Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
- Thomas Jefferson University v. ShalalaSupreme Court of the United States · 1994
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3Cited by39 opinions
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- United States ex rel. Sheet Metal Workers International Ass'n, Local Union 20 v. Horning Investments, LLCCourt of Appeals for the Seventh Circuit · 2016
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