A Missouri federal judge stopped short of dismissing a lengthy complaint filed by attorneys with a New Jersey-based health care boutique, finding the more than 70-page complaint was just concise enough to avoid violating federal pleading standards.
U.S. District Judge John A. Ross issued his opinion Friday in a motion to dismiss the complaint filed in MHA Long Term Care Network v. Express Scripts. The opinion, issued in the U.S. District Court for the District of Missouri, took the plaintiff’s counsel, Frier Levitt, to task for filing a 72-page complaint that did not begin listing specific claims until page 53. The 12-count complaint alleged that under an agreement MHA had with defendant Express Scripts, the pharmacy benefits administrator failed to make payment or engage in “good faith” negotiations, among other claims. Ross took issue with the length of the complaint and warned the plaintiff to be more succinct in the future.