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.

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