RICHMOND, Va. -– West Virginia Attorney General Darrell McGraw is not accepting two court decisions that say he wrongfully kept settlement funds from the federal government.
McGraw has requested that the entire roster of judges on the U.S. Court of Appeals for the Fourth Circuit review a July decision that said the federal government was owed more than $400,000 from McGraw's 2004 settlement with pharmaceutical company Dey Inc.
Three Fourth Circuit judges ruled on the issue, and McGraw now wants every judge to weigh in.
"(T)his case presents a matter of exceptional importance," McGraw's petition for en banc review, filed in August, says. "The requirement 'that federally imposed conditions be stated unambiguously-emanates from the very structure of our system of governance.'
"Additionally, many other states are pursuing and perhaps wish to pursue the kind of action that West Virginia initiated against Dey and to hold such companies accountable for their misconduct. The decision of this court may readily have nationwide impact."
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