Every kid comes across a bully or two when growing up. The bully targets kids who are smaller and not likely to fight back. The bully tries to corner the victims where they can't get away and no one's around to come to their assistance. A coward at heart, he usually travels with a gang of miscreants to make sure of his edge.
State Attorney General Darrell McGraw comes to mind. He and his lawyer friends seem willing to target unsuspecting "offenders," to gang up and intimidate them into surrendering some "lunch money."
Darrell and the "boys" have targeted several national drugstore chains, alleging they overcharged for generic drugs. With the companies being located in his Boone County neighborhood, he seemed confident the victims would cough up to make the cases go away.
Much to his surprise, the companies fought back and had the suit removed to federal court. Uh oh! Ever since, McGraw has been trying desperately to get the case returned to state turf, where the 'kids' he plays with are friendlier and more his size.
First, he revised his claim to exclude purchases made through Medicare or Medicaid, hoping thereby to eliminate federal purview. Now he's contending his suit is not a class action and does not warrant federal involvement.
His alleged victims responded that, "by bringing this suit to recover alleged damages for and on behalf of a defined group of West Virginia citizens, the Attorney General plainly has brought a 'class action' ... however he may try to characterize it."
It doesn't look good for Darrell.
You see, state court is Darrell's neighborhood. Federal court is where the big boys reside and Darrell doesn't like being on the big boys turf. He feels safer and more secure playing power games in his own neighborhood with his follower friends.
Good thing for West Virginia it isn't always up to him.
