The dismissal, issued on February 18, will also likely have national implications for other retail pharmacy chains. In its motion to dismiss, Morgan Lewis lawyers argued that Rite Aid's pricing practice was essentially identical to pricing policies and practices widely utilized in U.S. commerce, and which have never been found to violate federal or state consumer protection statutes. The court agreed. Morgan Lewis' team also included Washington office partner Stephen Paul Mahinka who, together with Washington associate Colin T. Flynn , assisted on the brief. Miami office partner Robert M. Brochin also assisted on the brief and presented the oral argument in support of the motion to dismiss.
Class actions are also pending in Pennsylvania, New York and New Jersey.
In conjunction with Ms. Sanzo, Philadelphia office partner J. Gordon Cooney , and associates G. Jeffrey Boujoukos and Victoria J. Miller are defending Rite Aid in the Pennsylvania case, with New York office partner Richard A. Mescon and associate Marilyn B. Ampolsk handling the New York case, and Princeton office partner Robert A. White handling the recently-filed action in New Jersey. Rite Aid is the third largest U.S. retail drugstore chain, with nearly 4,000 stores nationwide.