4th Circ. Returns W.Va. Pharmacy Suit To State Court

Law360, Los Angeles (May 20, 2011, 9:58 PM EDT) -- The Fourth Circuit sent West Virginia’s lawsuit against CVS Pharmacy Inc. and five other national pharmacy chains back to state court Friday, affirming a lower court’s ruling that the complaint cannot be removed under the federal Class Action Fairness Act.

The ruling means West Virginia can proceed on its home turf with a lawsuit alleging that major chains violated state laws regulating pharmacies and unfair business practices when they failed to pass along generic drug cost savings to consumers.

In a split decision by the three-judge...
To view the full article, register now.