Fourth Circuit Creates Split Re Removability of Parens Patriae Action by State AG

Civil Procedure—Removal

West Virginia ex rel. McGraw v. CVS Pharmacy Inc.
 (79 U.S.L.W. 2592) (May 2011)

Is a parens patriae action brought by a state attorney general removable to federal court under the 2005 Class Action Fairness Act? The Fourth Circuit rules that it is not. The Fifth Circuit has held that such a suit is removable.