W.Va. Supreme Court Revives Mylan Forum Challenge

Law360, New York (June 24, 2011, 7:51 PM EDT) -- West Virginia's high court on Thursday revived efforts by Mylan Inc. to push two wrongful death lawsuits over fentanyl patches used to alleviate chronic pain out of the state.

The state Supreme Court of Appeals said it was unable to tell if judges overseeing lawsuits in the Circuit Court of Kanawha County properly considered eight factors that state law required them to weigh in denying Mylan's dismissal motions, which were based on the alleged inconvenience of the forum.

“As previously noted, lower court decisions on such...
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