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Saturday, April 20, 2024

Magistrate to rule on W.Va. firm's remand motion in drug-pricing case

Brian Glasser

MINNEAPOLIS -- A federal magistrate judge must decide if a West Virginia law firm's request to remand a drug-pricing case to Minnesota state court was done within a "reasonable" time frame.

The task given to Magistrate Judge Janie Mayeron is one created by a recent decision by the U.S. Court of Appeals for the Eighth Circuit. It overturned a remand order issued by a now-retired district judge who was critical of the evidence offered by Charleston, W.Va., firm Bailey & Glasser in its case against a group of prescription drug retailers.

The lawsuit alleges the drug stores - which include CVS, Target and Wal-Mart - did not pass savings on generic drugs on to consumers.

After former U.S. District Judge James Rosenbaum called the allegations made in the complaint "laughable," he allowed Bailey & Glasser to amend its complaint. Then he remanded the case to state court, but the Eighth Circuit reversed that decision, saying it could be heard in federal court.

Read the full story at legalnewsline.com.

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