News & Analysis as of

Rite Aid

Employer Not Required to Pay for Medical Treatment or Provide Teamwork Structure as ADA Accommodations

A recent decision from the Second Circuit Court of Appeals illustrates the limits of employers’ obligations to accommodate employee disabilities under the Americans with Disabilities Act (ADA). Stevens v. Rite Aid Corp....more

Rite Aid Beats TCPA Lawsuit Over Flu Shot Reminder Prerecorded Calls

A group of Rite Aid customers sued Rite Aid in December of 2014 for alleged violations of the Telephone Consumer Protection Act when it sent flu shot reminders to consumer’s cellphones without written consent....more

Can You Fire The Needle-Phobic Pharmacist Who Refuses To Perform Immunizations?

As more and more pharmacies move into the role of providing immunizations, someone has to perform those immunizations. Often, this duty falls to the pharmacist. So, what happens when a pharmacist claims he cannot perform...more

Fear Not: Employees’ Phobias May Not Relieve Them of Essential Job Duties

by Nexsen Pruet, PLLC on

From agoraphobia to xenophobia, employers should be well aware that there is a long list of phobias—including more common disorders such as social anxiety disorder—that can be considered disabilities under the Americans with...more

Second Circuit Reverses ADA Jury Verdict for Pharmacist with Fear of Needles

by Robinson & Cole LLP on

In Stevens v. Rite Aid Corp., No. 15-277 (March 21, 2017), the U.S. Court of Appeals for the Second Circuit reversed a jury award of almost $2 million in favor of a pharmacist who suffered from a fear of needles because he...more

Needle and the Damage Done: Pharmacist’s Phobia Not Enough for ADA Claim

Can fear of an aspect of your job constitute a disability under the ADA? Depends on how essential the function is. In Stevens v. Rite Aid Corp, the Second Circuit Court of Appeals looked at the case of a Rite Aid pharmacist,...more

Be Careful With That! – Second Circuit Dismisses Failure to Accommodate Claim Brought by “Needle Phobic” Pharmacist

On March 21, 2017, the Second Circuit affirmed the dismissal of a former Rite Aid pharmacist’s claim against Rite Aid for refusing to accommodate his “needle phobia.” In 2011, Rite Aid altered the job description for its...more

Needle Phobia Creates A Sticky Situation Under ADA

by Saul Ewing LLP on

The Second Circuit was “on point” when it reminded us about an old proposition in a brand new way this week. In the case of Stevens v. Rite Aid Corporation, the panel held that Rite Aid was justified in terminating a...more

Second Circuit Rejects Employee’s Trypanophobia Claim

by Shipman & Goodwin LLP on

You don’t need to look for a needle in a haystack to figure out this latest case from the Second Circuit. But you do need to know what “trypanophobia” is....more

A Bitter Pill for Ex-Rite Aid GC: Delaware Court Finds His 2015 Suit for Indemnification Untimely

by Zuckerman Spaeder LLP on

Remember 2002? That year, A Beautiful Mind won best picture, and the University of Maryland won the NCAA basketball tournament. It is also the year that Rite Aid and its former General Counsel, Franklin Brown, began...more

Medical Malpractice and Healthcare Quarterly - Summer 2016

by Morris James LLP on

AFFIDAVIT OF MERIT NOT REQUIRED AS TO CLAIMS AGAINST DENTISTS - Limiting the scope of the affidavit of merit statute, the Superior Court recently held that an affidavit of merit was not required where a plaintiff filed a...more

Legal Considerations for Retail Clinics

by McGuireWoods LLP on

Retail clinics have grown substantially in number and popularity since their emergence in the early 2000s. Retail clinics are limited healthcare clinics that operate outside of physician offices and hospitals, typically in...more

Attorneys Must Become Scientists to Defend Against Bad Science

It’s true that science and law are systems intended to discover truth, the two don’t always work well together. Too often, in fact, subpar science can corrupt the judicial system, where it’s a lot easier to posit shaky...more

Banking & Financial Services E-Note - September 2015

by Burr & Forman on

On September 8, 2015, United States District Judge Marvin H. Shoob declared Georgia’s statutory garnishment process unconstitutional in Strickland v. Alexander. In what is sure to be the first of many county-level responses,...more

Focus on the TCPA: Consolidated Appeal of FCC’s TCPA Order Continues to Grow

by Burr & Forman on

The Federal Communications Commission’s (FCC) July 10, 2015 Declaratory Ruling and Order on the Telephone Consumer Protection Act (TCPA) was received by many in the business community with great concern. The Order’s seemingly...more

The Meaning of Falsity in Misrepresentation Cases

by Ellis & Winters LLP on

When a consumer sues a product manufacturer over an allegedly false advertisement, what must the consumer allege to state a claim that the advertisement is false?...more

False Advertising? Not if Just One Expert Says It’s Not.

by Butler Snow LLP on

The United States Court of Appeals for the Fourth Circuit recently held that “a manufacturer cannot be liable for false advertising so long as at least one qualified expert opines that the representations made are truthful,...more

The Pleading Bar In False Advertising Cases Has Been Raised

by Kelley Drye & Warren LLP on

The Fourth Circuit recently issued a decision affirming a district court’s order dismissing a false advertising claim against GNC and Rite Aid relating to several supplement products containing glucosamine and chondroitin, as...more

Coalition Loyalty Programs Spread to Retail Shopping In the U.S.

by Goulston & Storrs PC on

Seven major brands, including Macy’s, Rite Aid and ExxonMobil, recently joined forces to launch “Plenti,” a loyalty program that encompasses an entire team of retailers. American Express, which operates the program,...more

Pro Se and Ex Rel. Don’t Mix, Even for Attorney Whistleblowers

by Faegre Baker Daniels on

William Verrinder filed a False Claims Act against three of America’s biggest companies—Wal-Mart, Sears and Rite-Aid—claiming they charged Medicare for expired drugs. Since he’s a lawyer himself, he filed pro se. That way he...more

Hall v. Rite Aid and the Return of the Underpants Gnomes

The Fourth District Court of Appeal’s decision earlier this month in Hall v. Rite Aid Corp. represents an unfortunate step backwards in the development of a coherent jurisprudence on class certification. ...more

Rite Aid Cashiers Can Proceed with Class Action

by Hinshaw & Culbertson LLP on

In Hall v. Rite Aid Corp., the Fourth Appellate District reversed the trial court’s decertification of a putative class of cashiers who challenged their employer’s policy of requiring them to stand while checking out...more

“Hybrid” Wage And Hour Class Actions Approved By Third Circuit

On March 27, 2012, a unanimous three-judge panel of the Third Circuit Court of Appeals issued an opinion in Knepper v. Rite Aid, Inc. reversing the district court’s ruling that the plaintiffs could not pursue state wage and...more

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