181628P.pdf   12/12/2018  Park Irmat Drug Corp.  v.  Express Scripts Holding Co.
   U.S. Court of Appeals Case No:  18-1628
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Wollman, Author, with Kelly and Erickson, Circuit Judges] 
   Civil case - Contracts and Antitrust. Inclusion of defendant's unilateral 
   right to terminate the parties' agreement is, by itself, insufficient to 
   support a claim of unconscionability; contract was not a contract of 
   adhesion under Missouri law; defendant's action in terminating the 
   agreement did not violate its duty of good faith and fair dealing; email 
   defendant sent was part of the recredentialing process required by the 
   parties' agreement and did not constitute a novation; moreover, the email 
   lacked the essential elements of a contract and could not be considered a 
   lawful novation; plaintiff failed to plausibly plead promissory estoppel 
   based on the email; plaintiff failed to plausibly plead parallel conduct 
   between pharmacy benefit managers and thus, it failed to state a claim for 
   violation of Section 1 of the Sherman Act; plaintiff failed to plead a 
   relevant market or that defendant engaged in anticompetitive conduct and 
   thus failed to state a claim under Section 2 of the Sherman Act; plaintiff 
   failed to allege a plausible tying arrangement in violation of Section 1 
   of the Sherman Act;there was no support for plaintiff's claim that certain 
   states' "Any Willing Provider" acts applied to pharmacy benefit managers; 
   plaintiff never moved to amend its complaint and the district court did 
   not err in failing to grant plaintiff leave to amend its complaint to 
   replead more specific facts.