McGraw says decisions show he didn't file class action

By John O'Brien | Mar 16, 2011


RICHMOND, Va. (Legal Newsline) – West Virginia Attorney General Darrell McGraw says two recent decisions from California and Connecticut show that he has not filed a class action lawsuit against a group of retail drug stores.

That group -– which includes Target, Wal-Mart and CVS -– is calling a lawsuit filed by McGraw over their generic drug-pricing policies a class action because McGraw is representing, they say, a class of individuals allegedly affected by the prices. McGraw has called some of the group's arguments "weak" and "absurd."

McGraw says he is acting under his parens patriae authority to protect the state's interests in "enforcing its own laws." Friday, the private attorneys he hired to pursue the case wrote the court to notify it of two decisions involving under states.

If the case is deemed a class action, the defendants say it should remain in federal court. McGraw wants it remanded to Boone Circuit Court in West Virginia.

Read the full story at Legal Newsline.

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