It’s been a tough slog through the courts for a group of pharmacy plaintiffs with antitrust claims against some of the biggest drug companies in the land. Plaintiffs lawyer Joseph Alioto of the Alioto Law Firm has stuck with the case for nearly a decade, including through two trips to the California Supreme Court. Now, he’s finally run out of appeals.

The litigation began in 2004, when 15 retail pharmacies in California accused a dozen pharmaceutical companies, including Pfizer Inc., Johnson & Johnson, GlaxoSmithKline, AstraZeneca and Bristol-Myers Squibb Co., of conspiring to gouge U.S. customers for drugs that sell more cheaply in Canada. By last November, the drug companies had pretty much wiped out the case, persuading the California Supreme Court not to hear Alioto’s appeal of an earlier defense win.

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