Retina Associates of Western New York PC v. McKesson Corp.

Dismissal of Breach, Related Claims Over $329,375 in Lost Credit Card Rebates Explained

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION AND ORDER INTRODUCTION On November 7, 2023, the Court granted the motion to dismiss filed by Defendants McKesson Corporation (“McKesson”), McKesson Specialty Care Distribution LLC (“McKesson LLC”), and McKesson Specialty Care Distribution Corporation (“MSCDC”). ECF No. 10. Plaintiff Retina Associates of Western New York, P.C. (“RAWNY”) has filed an amended complaint, ECF No. 11, which Defendants now move to dismiss. ECF No. 14. For the reasons that follow, Defendants’ motion is GRANTED. LEGAL STANDARD A complaint will survive a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) when it states a plausible claim for relief. Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555-56 (2007)). A claim for relief is plausible when the plaintiff pleads sufficient facts that allow the Court to draw the reasonable inference that the defendant is liable for the alleged misconduct. Iqbal, 556 U.S. at 678. In considering the plausibility of a claim, the Court must accept factual allegations as true and draw all reasonable inferences in the plaintiff’s favor. Faber v. Metro. Life Ins. Co., 648 F.3d 98, 104 (2d Cir. 2011). At the same time, the Court is not required to accord “[l]egal conclusions, deductions, or opinions couched as factual allegations…a presumption of truthfulness.” In re NYSE Specialists Sec. Litig., 503 F.3d 89, 95 (2d Cir. 2007) (quotation marks omitted). BACKGROUND The following facts are taken from the amended complaint, unless otherwise noted. RAWNY is a medical practice. RAWNY asserts that, when it purchased medical products from Defendants with its credit card, Defendants failed to classify the transactions correctly, which caused RAWNY to receive reduced rebates from its credit card company. See ECF No. 11

Retina Associates of Western New York PC v. McKesson Corp.

Dismissal of Breach, Related Claims Over $329,375 in Lost Credit Card Rebates Explained

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal