W.Va. AG's Pill Mill Suit Kicked Back to State Court

Law360, New York (March 28, 2013, 1:17 PM EDT) -- A federal judge on Wednesday remanded West Virginia’s suit against 14 out-of-state drug distributors over their alleged role in the state's painkiller-abuse epidemic, saying the companies failed to establish diversity under the Class Action Fairness Act.

Judge John T. Copenhaver Jr. rejected the drug distributors' arguments that West Virginia Attorney General Darrell McGraw’s complaint asserts private claims and the real parties of interest are the affected individual citizens of the state rather than the state itself.

The defendants, which include Kentucky's Quest Pharmaceuticals Inc. and Michigan's...
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