Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Labourers' Pension Fund of Cent. and E. Canada v. CVS Health Corp.

Challenged Portions of Registration Statement Are Not Shielded by Safe-Harbor Protection

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The following e-filed documents, listed by NYSCEF document number (Motion 001) 10, 11, 12, 13, 14, 15, 16, 62, 63, 64, 65, 66, 79, 80, 81, 82, 96, 97, 99, 100, 104, 105, 106, 108, 109, 110, 111, 112, 113, 114, 115 were read on this motion to/for DISMISSAL. DECISION ORDER ON MOTION   In motion sequence number 001, defendant CVS Health Corporation (CVS) and defendants Larry J. Merlo, David M. Denton, and Eva C. Boratto (collectively, Individual Defendants) move to dismiss the complaint pursuant to CPLR 3211 (a) (1), (4) and (7), and alternatively, move to stay this action pursuant to CPLR 2201 and 3211(a)(4). I. Background The following facts are alleged in the complaint unless noted otherwise, and for purposes of this motion, are accepted as true. CVS, a Delaware corporation located in Rhode Island, operates retail pharmacies. (NYSCEF Doc. No. [NYSCEF] 1, Complaint 24.) This case concerns the interplay between CVS’s May 2015 acquisition of nonparty Omnicare, which was then the nation’s largest provider of pharmacy services to long-term care facilities (2015 Acquisition) and CVS’s acquisition of nonparty Aetna Inc. (Aetna), an insurance company, on November 28, 2018 (Aetna Acquisition). (Id.

24, 32, 86.) CVS issued new shares of CVS common stock directly to Aetna shareholders, including plaintiff Labourers’ Pension Fund of Central and Eastern Canada (LBF), a pension plan to 99,160 employees. (Id. 23.) In December 2017, CVS announced its decision to acquire Aetna. (Id. 54.) CVS filed an amended registration statement for the Aetna Acquisition on February 9, 2018, incorporating its annual and quarterly reports. (Id.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Insurance Coverage Associate

Maslon LLP is seeking attorney candidates with 4-6 years of experience to join its Insurance Coverage Team. Maslon s Insurance Recovery Grou...


Apply Now ›
Litigation Attorney -- New York

New York-based indie music company seeks full-time litigation attorney. Must have 2 years music business experience. Must be admitted to S...


Apply Now ›
Associate Research Scholar / Clinical Fellow Columbia Law School Criminal Defense Clinic - New York

Columbia Law School seeks an experienced lawyer with a background in criminal defense and a strong interest in community lawyering and clini...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements