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Law360: CVS, Aetna 401(k) Stock Inflation Suit Axed For Filing Error

October 3, 2022

US District Judge Victor A. Bolden dismissed Carol Flaim and Raymond Radcliffe’s lawsuit alleging Employee Retirement Income Security Act violations against Aetna and CVS because the plaintiffs failed to follow court rules when filing a second amended complaint. “In this particular case, plaintiffs have not just circumvented the express language of both Rule 15(a) of the Federal Rules of Civil Procedure, and Rule 7(f), but have undermined their specific purpose here: providing clarity about how the proposed amendments remedy the legal deficiencies carefully laid out by the court in its earlier ruling,” Judge Bolden said. CVS and Aetna are represented by Meaghan VerGow, Brian D. Boyle, Leah Godesky, and William D. Pollak of O’Melveny & Myers LLP.

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