Cigna wins appeals court ruling against CVS in staff poaching case

A federal appeals court has sided with Cigna (NYSE:CI) in its efforts to bar Amy Bricker, the former head of its pharmacy benefits management (PBM) unit, Express Scripts, from joining CVS Health (NYSE:CVS) amid an ongoing court case.

The Eighth Circuit Court of Appeals issued its opinion on Wednesday backing a Missouri District Court, which issued a preliminary injunction last year preventing Bricker from taking up a new role at CVS (CVS) as its Chief Product Officer, Consumer.

"When a district court correctly interprets state law and does not clearly err in its factual findings, we will rarely disturb its grant of a preliminary injunction to enforce a non-compete agreement," the appeals court said in its ruling.

In a case filed in January 2023, Cigna (CI) alleged that Bricker was subject to a non-compete contract clause and that her appointment at CVS (CVS), one of its major rivals in the PBM space, puts its trade secrets at risk.

The U.S. District Court for the Eastern District of Missouri granted Cigna (CI) a temporary restraining order in February before approving a preliminary injunction in June.