West Virginia v. CVS Pharmacy, Inc.

West Virginia's attorney general (plaintiff) sued CVS Pharmacy (defendant) in state court, alleging CVS failed to substitute generic drugs and pass on savings in violation of state pharmacy and consumer-protection law. CVS removed to federal court under the Class Action Fairness Act (CAFA), arguing the suit functioned as a class action; the district court disagreed and remanded to state court, finding it a parens patriae action, and CVS appealed.

Whether an action brought by a state attorney general under state consumer-protection statutes is a parens patriae action properly brought in state court rather than a class action removable under CAFA.