Judge Nixes Expired Product Suit Against Rite Aid

Law360, New York (February 26, 2009, 12:00 AM EST) -- Finding that the lead plaintiff did not assert feasible claims, a federal judge has dismissed a putative class action filed against Rite Aid Corp. over the retailer’s alleged sale of expired products — despite an earlier $1.3 million settlement between the retailer and the New York attorney general on the same matter.

Judge John P. Fullam issued an order Thursday dismissing the suit without prejudice, stating that the pharmacy chain was correct in disputing lead plaintiff Terri A. Brennan’s claims of breach of implied contract and...
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