State ex rel. McGraw v. CVS Pharmacy, Inc., 2011 U.S. App. LEXIS 10171 (4th Cir. 2011).

The West Virginia Attorney General filed suit in state court alleging violations of state consumer protection laws. The state sued in its ”sovereign and quasi-sovereign capacity” and sought injunctive relief, restitution and disgorgement of overcharges, recovery on behalf of the consumers, civil penalties, interest, costs, and attorneys’ fees. The defendants removed the case to federal…

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State ex rel. Discover Financial Services v. Nibert, No. 13-0086 (W.Va. June 4, 2013).

The attorney general hired outside counsel on a contingency fee basis in two cases alleging consumer protection violations. Defendants alleged the attorney general did not have authority to hire outside counsel. The supreme court held that outside counsel were not subject to the state’s Ethics Act because the attorney general did not pay them, nor…

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