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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46474 Judge Daniels TRUSTEE OF the Health and Welfare Fund of the Patrolmen’s Benevolent Association of the City of New York (PBA) and the Retiree Health and Welfare Fund of the PBA alleged breach of fiduciary duty. After defendant Pharmacy Benefit Manager acquired National Prescription Administrators (NPA) from plaintiff, plaintiff alleged that NPA and defendant breached their fiduciary duty by benefitting from various “pricing spreads” and “kickbacks” from the drug manufacturers. The court denied defendants’ motion to transfer to the Eastern District of Missouri pursuant to 28 USC �1404(a). The court noted that although defendant’s headquarters are located in St. Louis and at least some records and witnesses relevant to the case may be found in Missouri, defendants have not established that convenience of the witnesses as a whole will be increased through transfer of venue. The court added that NPA employees comprise most of the key witnesses, many of whom reside in the New York/New Jersey area.

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