Judge remands McGraw's drug-pricing suit

John O'Brien Feb. 10, 2010, 1:45pm


CHARLESTON, W.Va. (Legal Newsline) - A federal judge has remanded West Virginia Attorney General Darrell McGraw's lawsuit against Rite Aid to state court.

U.S. District Judge John Copenhaver was not persuaded that there was any federal issue in McGraw's complaint, which alleges the company did not pass savings on generic prescription drugs on to consumers.

It may be a peak into the future of McGraw's similar suit against Target, Wal-Mart, CVS, Kmart, Kroger and Walgreen. That suit was also filed in Boone County but removed to federal court.

"Inasmuch as Rite Aid has failed to establish a 'substantial and actually disputed' federal issue embedded within the plaintiff's state-law claims, the court declines to find federal question jurisdiction," Copenhaver wrote.

McGraw hired Bailey & Glasser and DiTrapano Barrett & DiPiero to pursue the cases. The two firms have contributed more than $60,000 to McGraw's campaign fund over the years, including $11,800 for his 2008 race against Republican Dan Greear.

Copenhaver is still deciding if the other suit should be remanded.

From Legal Newsline: Reach John O'Brien by e-mail at jobrienwv@gmail.com.

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