Ex-Cigna executive prohibited from employment at CVS

Cigna Wins Appeal Against CVS, Former Express Scripts President Over Noncompete Agreement

In a recent legal battle, Cigna emerged victorious in an appeal against CVS and its former Express Scripts president over a noncompete agreement. The U.S. Court of Appeals for the Eighth Circuit in St. Louis upheld a lower court decision that barred former Cigna executive Amy Bricker from working for CVS.

Bricker, who served as president of Express Scripts overseeing Cigna’s pharmacy benefit management and other operations, signed a noncompete agreement in 2020 that prevented her from working for a competitor for two years. The court highlighted the serious threat posed to Cigna’s protected interests due to the intimate knowledge Bricker had about the company’s inner workings and future plans.

The decision prevents Bricker from immediately joining CVS, where she was slated to become the chief product officer for its consumer segment. CVS expressed disappointment over the ruling and stated that they were evaluating their options.

The legal battle began in January 2023 when Bricker signed a contract with CVS and resigned from Cigna, prompting a lawsuit from Cigna citing violation of the noncompete agreement. The court issued a preliminary injunction in June 2023, temporarily blocking Bricker from starting her new job at CVS Health.

This case sheds light on the larger trend of noncompete agreements in the workforce. In April, the Federal Trade Commission issued a final rule banning noncompetes nationwide, citing them as exploitative practices that restrict workers from taking new jobs or starting businesses. While existing noncompetes for senior executives remain in force, new noncompetes are prohibited under the FTC’s ruling.