Rite Aid seeks summary judgment in lawsuit brought by former AG

By Kyla Asbury | Jun 28, 2013

McGraw


MADISON - Rite Aid of West Virginia has filed a Motion for Summary Judgment in a lawsuit brought by former Attorney General Darrell McGraw.

Rite Aid's Motion for Summary Judgment and in Opposition to McGraw's Motion for Partial Summary Judgment or in the Alternative for a Continued Stay was filed Jan. 10 in Boone Circuit Court.

McGraw filed the suit on July 23, 2009, claiming Rite Aid committed violations of state law governing generic drug pricing and the West Virginia Consumer Credit and Protection Act.

The lawsuit was remanded back to state court after U.S. District Judge John Copenhaver decided it was not a federal issue.

McGraw claimed in the complaint that Rite Aid did not pass savings on generic prescription drugs on to consumers.

The lawsuit is now under the control of new Attorney General Patrick Morrisey.

McGraw hired private lawyers to represent the State. They are: Brian A. Glasser, John W. Barrett and Michael L. Murphy of Bailey & Glasser LLP; and Joshua I. Barrett and Sean P. McGinley of DiTrapano, Barrett & DiPiero LLC.

Rite Aid was represented by Webster J. Arceneaux III of Lewis, Glasser, Casey & Rollins PLLC; and Todd A. Hollerman and Robert L. DeJong of Miller, Canfiled, Paddock & Stone.

Boone Circuit Court case number: 09-C-217

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