MINNEAPOLIS – Several drug stores sued in Minnesota by a West Virginia law firm are appealing a ruling that says the class action lawsuit should be heard in a state court.
The drug stores -- which include CVS, Target and Wal-Mart -- are alleged to have not passed savings on generic drugs to consumers in the lawsuit. A district judge has determined that the plaintiffs -- who are represented by Bailey and Glasser of Charleston, W.Va. –- timely filed a motion to remand the case after the drug stores had it removed to federal court.
They filed their appeal to the U.S. Court of Appeals for the Eighth Circuit this week.
The remand motion was submitted more than 100 days after the drug stores removed the case to federal court and after Rosenbaum had harshly dismissed the original complaint. The drug stores say the plaintiffs continued to litigate the case after it was removed.
It was also filed after a Michigan federal court remanded three similar lawsuits brought by the firm. That was done on Dec. 1, 2009, and eventually the cases were dismissed.
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