CVS Pharmacy, Inc. v. West Virginia ex rel. McGraw
- Case Date: 6/10/2011
- Project Name: Civil Justice Reform
On September 23, 2011, WLF filed a brief in the U.S. Supreme Court, urging it to review (and ultimately overturn) an appeals court decision that makes it more difficult for out-of-state defendants to move their lawsuits from state court to federal court. WLF argued that the appeals court decision is inconsistent with CAFA, a federal law designed to permit removal of virtually all large class action suits into federal court. The court held that the suit did not qualify as a “class action” and thus was not subject to CAFA, but WLF argued that CAFA applies whenever, as here, the suit has all the attributes of a class action. The suit is not a standard “class action” – it is not filed by a small number of individuals seeking to represent other similarly situated consumers. But, WLF argued, the suit is functionally equivalent to a class action: if the State prevails, it will obtain a recovery for consumers identical to the recovery that could have been obtained in a standard class action.
More Information and Downloads:
9/23/2011: Download the Brief
6/10/2011: Download the Brief