MINNEAPOLIS -– Because of a retirement and a recusal, a lawsuit brought by a West Virginia law firm over generic drug pricing is now a case without a judge.
The U.S. Court of Appeals for the Eighth Circuit recently overturned a remand order in the case, ruling it should be heard in Minnesota federal court. The lawsuit, filed by Bailey & Glasser of Charleston, is similar to one the firm brought in West Virginia on behalf of state Attorney General Darrell McGraw.
U.S. District Judge James Rosenbaum, who remanded the case to state court after calling the allegations made in it "laughable," has since retired. And in March, Judge Richard Kyle recused himself from the case after it was assigned to him.
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