State of West Virginia ex rel. v. CVS Pharmacy, Inc., No. 11-1251 (4th Cir. 2011)
Annotate this CaseThe State sued CVS Pharmacy, Inc. and five other pharmacies (collectively, "pharmacies") in state court alleging that they sold generic drugs to West Virginia consumers without passing along to the consumers the cost savings of generic drugs over brand name equivalents in violation of West Virginia Code 30-5-12b(g), which regulated the practice of pharmacy, and the West Virgina Consumer Credit Protection Act, West Virginia Code 46A-6-104. At issue was whether the district court properly ordered the case to be remanded to state court after the pharmacies removed the case from state court to the district court under the Class Action Fairness Act of 2005 ("CAFA"), Pub. L. No. 109-2 Stat. 4. The court affirmed and held that the action was not a class action as defined by the CAFA where the action was not brought under Federal Rule of Civil Procedure 23 or West Virginia's corresponding rule but, rather, the action was brought under the West Virginia statute regulating the practice of pharmacy and the West Virgina Consumer Credit Protection Act, neither of which included provisions providing for a typical class action.
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