Legal Opinion

West Virginia Ex Rel. McGraw v. CVS Pharmacy, Inc.

Court of Appeals for the Fourth Circuit

Decided May 20, 2011No. 11-1251PublishedCited by 53 opinions

1Opinion of the Court

Affirmed by published opinion. Judge NIEMEYER wrote the majority opinion, in which Judge DAVIS joined. Senior Judge GILMAN wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

The State of West Virginia, by its Attorney General, commenced this action in state court against CVS Pharmacy, Inc., and five other pharmacies (collectively, the “Pharmacies”), alleging that the Pharmacies sold generic drugs to West Virginia consumers without passing along to the *172consumers the cost savings of generic drugs over brand name equivalents, in violation of West Virginia Code § 30-5-12b(g), regulating…

2Cases cited19 opinions

  1. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  2. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  3. Alden v. MaineSupreme Court of the United States · 1999
  4. Phillips Petroleum Co. v. ShuttsSupreme Court of the United States · 1985
  5. Idaho v. Coeur D'Alene Tribe of IdahoSupreme Court of the United States · 1997

14 more not listed; retrieve them via the Exa API.

3Cited by53 opinions

  1. Nevada v. Bank of America Corp.Court of Appeals for the Ninth Circuit · 2012
  2. Purdue Pharma L.P. v. Commonwealth of KentuckyCourt of Appeals for the Second Circuit · 2013
  3. Hawaii Ex Rel. Louie v. HSBC Bank Nevada, N.A.Court of Appeals for the Ninth Circuit · 2014
  4. Liliana Canela v. CostcoCourt of Appeals for the Ninth Circuit · 2020
  5. Washington v. Chimei Innolux Corp.Court of Appeals for the Ninth Circuit · 2011

48 more not listed; retrieve them via the Exa API.

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