by Tony E. Rutherford, News Editor

While the opioid drug manufacturers have become subject to a massive multi district action, Huntington , Charleston, Ceredo, and Kenova want the defendant dispensing pharmacies tried in state court.

They filed a motion in May asking the court remove the case back to Kanawha Circuit Court. 

Attorneys representing the municipalities maintain separate state laws apply which deny the federal court of complete subject matter jurisdiction due to separate issues of law, incomplete diversity jurisdiction, and pharmacies are not fraudulently joined. 

(Note: The decision has been stayed pending a determination of whether this case will be part of the multidistrict federal opioid litigation.)

Municipal attorneys have argued that "Neither the West Virginia Medical Professional Liability Act’s notice of claim requirement nor West Virginia’s pharmacy liability statute preclude claims against the Pharmacy Defendants. The Pharmacy Defendants also are not fraudulently misjoined. The claims against the Pharmacy Benefit Manager (“PBM”) Defendants, which removed the case, and the Pharmacy Defendants arise out of the same..."

Defendant pharmacies include: MCCLOUD FAMILY PHARMACY, INC.; T&J ENTERPRISES, INC.; CONTINUUMCARE PHARMACY LLC; MEDICAL PARK PHARMACY LTC, INC.; WEST VIRGINIA CVS PHARMACY, L.L.C.; MRNB, INC.; RXBYTEL, INC.; RITE AID OF WEST VIRGINIA, INC.; KROGER LIMITED PARTNERSHIP I; SAFE RX PHARMACIES, INC.; PASTM, INC; CROSS LANES FAMILY PHARMACY, INC; and BEEWELL PHARMACY, INC.

A PDF can be downloaded below. 

 

  1. Motion to Remove to Kanawha Circuit Court (96.44 KB)
  2. Stay Proceedings (52.48 KB)
  3. 20119170536.pdf (22.34 KB)