WV CVS PHARMACY, LLC v. McDOWELL PHARMACY

No. 16-0209.

796 S.E.2d 574 (2017)

WEST VIRGINIA CVS PHARMACY, LLC, et al., Defendants Below, Petitioners v. McDOWELL PHARMACY, INC., et al., Plaintiffs Below, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: February 9, 2017.


Attorney(s) appearing for the Case

Robert B. Allen , Pamela C. Deem , Kay Casto & Chaney PLLC, Charleston, West Virginia, Robert H. Griffith , Foley & Lardner LLP, Chicago, Illinois, Michael D. Leffel , Foley & Lardner LLP, Madison, Wisconsin Attorneys for the Petitioners.

Marvin W. Masters , April D. Ferrebee , The Masters Law Firm lc, Charleston, West Virginia, H. Truman Chafin , The H. Truman Chafin Law Firm, Charleston, West Virginia, Anthony J. Majestro , Powell & Majestro, Charleston, West Virginia, Attorneys for the Respondents.

J. Mark Adkins , S. Andrew Stonestreet , Bowles Rice LLP, Charleston, West Virginia, Attorneys for Amicus Curiae, West Virginia Pharmacists Association.


This appeal originates from a dispute between a pharmacy network administrator and various West Virginia pharmacies that are network members. Stemming from an order of the Circuit Court of McDowell County that refused to compel arbitration, this appeal raises three dispositive issues challenging the circuit court's rulings as to...

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