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Wake North Carolina online Form 8879: What You Should Know
SHELBY, JUDGMENT PRECEDED ING) NOTICE OF DECISION ON PLAINTIFF: Total Merchant Services (“TCS”) (DBA Total Service) brings this Action against Plaintiff CVS Super Markets, Inc. for (i) civil fraud and negligence, (ii) unfair competition, and (iii) trespass or other tortuous interference by CVS Supermarkets and its employees in their business of doing commerce. CVS Supermarkets, Inc. is a corporation located at 816 Real Road, Chesapeake, Virginia 23428, which owns and operates CVS/pharmacy locations through six wholesale distribution lines under the brand name Total Retail Services (“TSS”). CVS Supermarkets, Inc. owns and operates various pharmacies in the greater Wilmington, Delaware area. CVS Supermarkets, Inc. is an interstate corporation not incorporated in the State of North Carolina and is not subject hereto to the provisions of North Carolina General Statutes or the State's Corporations Law. The case arises from the alleged criminal conduct of numerous state and federal officials whose personal actions were alleged to have been based on a shared desire to gain the economic benefit of CVS' dominance of the drug and retail drug market in the United States. In this action, CVS Super Markets, Inc. claims (1) the Delaware Division of Public Health (“DPH”) is unjustly enforcing a ban on CVS for non-compliance with the “Prescription Drug Monitoring Program”, and (2) other law enforcement agents in the Delaware State Police were unjustly enforcing the same ban using private investigators and evidence collection techniques that unlawfully intruded upon the privacy of CVS and its customers by illegally obtaining copies of CVS' medical records for reasons that were not covered by the law, including information obtained from non-medical sources. CVS contends that the DPH failed to comply with numerous regulatory requirements necessary for the program to be effective. In addition, CVS contends that State law requires the division to file a civil complaint for civil fraud, fraud, or conspiracy to commit fraud under the North Carolina General Statutes. CVS further contends that other state officials were unreasonably enforcing the same policy concerning non-compliance of its own, including, in a separate action brought by a private law firm, a separate statute of the State of North Carolina relating to non-compliance with the “Prescription Drug Monitoring Program”.
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