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Tag Archives: Remand

Domestic Relations – Equitable Distribution – Trial Court’s Calculations – Remand (access required)

Schweizer v. Patterson The equitable distribution order appears (1) without explanation, to ignore the fact that certain assets were stipulated to be separate property and (2) to improperly consider passive increases to the value of separate property. Moreover, using the figures set out in the order, our calculations do not match those of the trial court.

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Civil Practice – Removal Jurisdiction – Federal Question – Amended Complaint – Remand (access required)

Reinhart v. City of Brevard Although plaintiffs’ post-removal amendment of their complaint eliminated all federal claims, this did not divest the court of jurisdiction. Nevertheless, defendant did not oppose plaintiffs’ motion to amend, plaintiffs have always contended that their federal claims merely formed an alternative basis for relief, this litigation is in its early stages, and it will be decided under N.C. law based on real property located in North Carolina.

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Civil Practice – Consumer Complaint – Attorney General – Pharmacy Chains – Remand (access required)

State of West Virginia ex rel. Darrell V. McGraw Jr., AG v. CVS Pharmacy Inc. A consumer complaint filed in state court by the Attorney General of West Virginia against five pharmacy chains that allegedly sold generic drugs to West Virginia consumers without passing the cost savings on to the consumers should have been remanded from federal court back to state court; the 4th Circuit says the AG's complaint is not a "disguised class action" removable under the federal Class Action Fairness Act.

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