Drug stores want McGraw lawsuit stayed

By John O'Brien | Oct 18, 2010


RICHMOND, Va. (Legal Newsline) -- Six prescription drug retailers want West Virginia Attorney General Darrell McGraw's lawsuit against them stayed, just as a similar lawsuit that was once called "absolutely reprehensible" by a federal judge has been.

The drug stores are appealing a federal judge's decision to remand the case to Boone Circuit Court and want the lawsuit stayed until the U.S. Court of Appeals for the Fourth Circuit rules.

Many of those same stores are fighting a remand order in a Minnesota lawsuit that was brought by the Charleston law firm Bailey & Glasser, which was hired by McGraw to pursue his case.

"(T)he interests of judicial efficiency and economy certainly disfavor further proceedings below that would ultimately be negated if this Court were to grant the Petition and reverse the district court's remand order," the stores wrote last week to the Fourth Circuit.

To read the full story, go to Legal Newsline.

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