On Tuesday a case was filed in the District of Nebraska by Think Aksarben Pharmacy LLC and Think Aksarben Specialty Pharmacy against Hy-Vee Inc. The case is regarding the purchase of a pharmacy.
The plaintiff and the defendant entered into a purchase agreement to purchase a pharmacy located in Omaha, Nebraska. As a part of this agreement, the defendant was supposed to submit the payment for the pharmacy via wire transfer.
The complaint claimed that, unbeknownst to both parties, a third party had infiltrated the plaintiff’s email and provided false information for the wire transfer, which allowed this third-party to intercept the payment. The plaintiff accuses the defendant of failing to follow industry standards in confirming the wire transfer information via telephone prior to submitting the large purchase price, as well as breach of contract for failure to pay the plaintiff.
The plaintiff is suing for breach of contract, breach of implied covenant of good faith and fair dealing, unjust enrichment, and negligence. The plaintiff is represented by Kutak Rock LLP.