West Virginia v. CVS Pharmacy, Inc.

646 F.3d 169 (2011)

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West Virginia v. CVS Pharmacy, Inc.

United States Court of Appeals for the Fourth Circuit
646 F.3d 169 (2011)

Facts

The State of West Virginia (plaintiff) by its attorney general (AG) sued CVS Pharmacy, Inc. (CVS) (defendant) in state court. The complaint alleged CVS failed to fill prescriptions with generic drugs and pass on the savings to consumers. The AG claimed CVS’s practice violated the Pharmacy Act, West Virginia Code § 30-5-12b(g). The AG also claimed CVS’s conduct of excessive charging amounted to unfair and deceptive practices in violation of the West Virginia Consumer Practice Act (WVCPA). CVS removed the action to federal district court under the Class Action Fairness Act of 2005 (CAFA), arguing that the AG’s action amounted to a class action. However, the district court granted the AG’s motion to remand the case back to the state court, holding the matter was not a class action, but was rather a parens patriae action. CVS appealed.

Rule of Law

Issue

Holding and Reasoning (Niemeyer, J)

Dissent

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