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CVS Pharmacy, Inc. v. West Virginia

Certiorari Denied

Petition for certiorari denied on November 28, 2011.

Docket No.11-224
Op. Below4th Cir.

Issue

Whether, when a state attorney general claims parens patriae authority and sues out-of-state defendants on behalf of private individuals under a state statute which requires that any recovery go to those individuals rather than the state, the defendants may remove the case as a "class action" under the Class Action Fairness Act of 2005, 28 U.S.C. §" 1332(d), 1453 (CAFA) on the ground that such private individuals are real parties in interest.

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