MINNEAPOLIS (Legal Newsline) – A federal magistrate judge has suggested that a class action brought by a West Virginia law firm that drew the ire of the judge who formerly presided over the case should be heard in a state court.
Magistrate Judge Janie Mayeron issued her report and recommendation Thursday in a lawsuit brought against prescription drug retailers that allegedly did not pass savings on generic drugs to consumers. In suggesting remand to Hennepin County, she followed a decision by a Michigan federal court in similar cases.
Former U.S. District Judge James Rosenbaum, in dismissing the complaint in 2009, called the allegations "laughable." He allowed Bailey & Glasser of Charleston, W.Va., to amend the complaint, and the dispute over remand ensued.
The defendants – which include CVS, Target and Wal-Mart – argued the remand motion was untimely because it took the plaintiffs more than 100 days from the time the suit was removed to federal court.
"(T)he court is satisfied that plaintiffs and their counsel did not know that they had a reasonable basis for pursuing a remand until after the Michigan court issued its remand decision on Dec. 1, 2009," Mayeron wrote.
"In fact, the evidence before this court establishes that plaintiffs did not believe that the (Class Action Fairness Act) local controversy exception applied to this case, even after the Michigan court raised the issue at the pretrial conference."
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