Walgreen, Express Scripts Agree to End Contract Lawsuit

Walgreen Co. (WAG) and Express Scripts Inc. agreed to dismiss all claims in a contract dispute that started last year and was sent to arbitration.

“The parties have agreed to dismiss their respective claims, and no other action has been or will be taken by either party with respect to this case,” Walgreen said in a Business Wire statement that was confirmed by the company. “These dismissals have no impact on the parties’ ability or inability to come to terms on a pharmacy agreement.”

Brian Henry, a spokesman for Express Scripts, declined to comment beyond the Walgreen statement.

In the lawsuit, which was filed by Express Scripts in September, the St. Louis-based pharmacy benefits manager accused the drugstore chain of distributing “a wave of marketing and promotional materials which disparage Express Scripts and falsely state that, after Dec. 31, 2011, Walgreen will be unable to fill prescriptions for Express Scripts members.”

Express Scripts manages pharmacy benefit programs for private employers, unions and government health plans. Walgreen, based in Deerfield, Illinois, is the largest U.S. drugstore chain.

The case is Express Scripts Inc. (ESRX) v. Walgreen Co., 1:11-cv- 06223, U.S. District court, Northern District of Illinois (Chicago).

To contact the reporter on this story: Sara Forden in Washington at sforden@bloomberg.net.

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net.

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