Albertsons says Washington State Supreme Court Set to hear appeal on February 9

Albertsons Companies (ACI) announced that on December 19, the State of Washington Supreme Court set a date for the review of the temporary restraining order against the company’s previously announced $6.85 per common share special dividend. The Washington Supreme Court, sitting en banc, will review the appeal of the Attorney General of the State of Washington on February 9, 2023. The TRO will remain in effect until there is a further order issued by the Washington Supreme Court. Albertsons Cos. has filed a motion to further expedite the Washington Supreme Court’s en banc review. The company further announced that on December 20, the U.S. Circuit Court for the District of Columbia denied the motion filed by the California, Illinois and District of Columbia Attorneys General for an injunction pending appeal and an administrative stay of the payment of the special dividend. On November 8, the U.S. District Court for the District of Columbia denied the request by the California, Illinois and District of Columbia Attorneys General for a temporary restraining order against the payment of the special dividend. "Albertsons Cos. continues to maintain that the claim brought by the Attorney General of the State of Washington, and the similar lawsuit brought by the Attorneys General of California, Illinois, and the District of Columbia, are meritless and provide no legal basis for preventing the payment of the special dividend. Albertsons’ position has been supported by favorable rulings in both Circuit and District courts in the District of Columbia and a Washington State court. Albertsons Cos.’ proposed merger with The Kroger Co. is continuing through required regulatory review, including seeking clearance under the Hart-Scott-Rodino Antitrust Improvements Act of 1976," the company stated.