Fla. Pharmacy Gets Chance To Prove Case Against McKesson

Law360 (December 2, 2020, 6:52 PM EST) -- A Florida federal judge on Wednesday declined to dismiss counterclaims filed by a Tampa-based pharmacy chain against McKesson Corp. in a $7 million contract squabble, ruling that the pharmacy had a right to some discovery to try to prove its case.

Following a hearing over the phone, U.S. District Judge William F. Jung said he would not dismiss Benzer Pharmacy Holding LLC's counterclaims for breach of the implied duty of good faith and fair dealing and violation of Florida's Deceptive and Unfair Trade Practices Act.

"Those will be more closely examined at summary judgment, but they ought to be able to...

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