Plaintiff-Appellant Lisa Nicole Bridges appeals from summary judgment in favor of Defendant-Appellee Deputy Brandon Yeager on her civil rights claims. 42 U.S.C. § 1983. Ms. Bridges sued the deputy solely in his individual capacity for compensatory and punitive damages claiming that (1) he used excessive force while arresting her, and (2) he falsely arrested her for assault and battery on a police... More...   $0 (11-03-2009 - OK)

Donna Scroggin was diagnosed with breast cancer eleven years after she began taking estrogen and progestin drugs manufactured by Wyeth Pharmaceuticals Inc. (Wyeth) and Pharmacia & Upjohn Co. (Upjohn).1 She sued the companies in 2004 for failure to warn of the risk of breast cancer from combination hormone therapy.

The trial was bifurcated, with liability determined first and punitive damage... More...   $0 (11-03-2009 - AR)

Matrixx Initiatives, Inc. (“Matrixx”) is a pharmaceutical company that sells cold products through its wholly-owned subsidiary, Zicam, LLC. One of its main products is Zicam Cold Remedy, which comes in several different forms.1 Plaintiffs-Appellants are lead plaintiff, NECA-IBEW Pension Fund, and named plaintiff, James Siracusano, in a class action brought against Matrixx and three Matrixx exe... More...   $0 (10-30-2009 - AZ)

We must decide whether the district court abused its discretion by preliminarily enjoining the enforcement of new rules promulgated by the Washington State Board of Pharmacy (“Board”) that require pharmacies to deliver lawfully prescribed Federal Drug Administration (“FDA”)–approved medications and prohibit discrimination against patients, on the ground that the rules violate pharmaciesâ... More...   $0 (10-30-2009 - WA)

The parties to this Lanham Act suit are manufacturers of an oral laxative the chemical name of which is polyethylene glycol 3350. Schering, the plaintiff, sells its version under the trade name “MiraLAX.” MiraLAX is an over-the-counter drug. The four defendants sell the generic version of the drug under its chemical name (except that defendants Kremers and Schwarz also use the name “GlycoLax... More...   $0 (10-29-2009 - )

Zaher Zahrey sued the City of New York and others on a civil rights violation theory claiming that defendants manufactured a false case against him during a police corruption investigation. Zahrey, age 46, was an undercover narcotics detective working in Brooklyn. He was the friend of a man who was murdered and who prosecutors said had been a leader of a gang that sold drugs. Zahrey was accused ... More...   $750001 (10-29-2009 - NY)

Michelle David, the mother of Lyam Kilker, sued GlaxoSmithKline on a products liability theory claiming that the Paxil that she took while pregnant caused Lyam's heart defects. Plaintiff claimed that Defendant failed to warn of the risks associated with taking Paxil during pregnancy. Lyam has had several heart surgeries in the four years since he was born.

Defendant claimed that scientific... More...   $2500000 (10-27-2009 - PA)

Sean Levens and Scott Nunley sued Stephen Watson on a civil assault and battery theory and the Salvation Army on negligence and respondeat superior liability theories after they were attacked and beaten by Watson and others at the Salvation Army's Lytton Springs facility. Plaintiffs claimed that the Salvation Army acted negligently when it hired Watson to supervise more than 90 recovering addict-... More...   $0 (10-24-2009 - CA)

Jason Walsh suffered from autism. When he was five-years-old, his parents sought help from Dr. Michael D. Chez, who specialized in treating autistic children and who did business through his clinic, Autism and Epilepsy Specialty Services of Illinois. Jason’s treatment went seriously awry shortly after he developed pneumonia, and sadly, Jason died on May 9, 2003, of complications from adrenal ins... More...   $0 (10-21-2009 - )

Peggy L. Stevens sued Novartis Pharmaceuticals on a products liability theory claiming that she was harmed by undisclosed risks relating to Zometa, a bone-strengthening medication. She claimed that she developed serious dental and jaw-related from taking the drug.

Novatris asserted the learned intermediary defense claiming that Ms. Stevens' doctor knew of the risks associated with taking t... More...   $3200000 (10-21-2009 - MT)

Laura Schmidt brought an action against her former employer, Medicalodges, Inc. (“Medicalodges”), for hostile work environment sexual harassment in violation of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-2(a)(1). She appeals the district court’s denial of her motion for a new trial after the jury found that Medicalodges was not liable for the harassment Ms. Schmidt suffered at the... More...   $0 (10-20-2009 - KS)

Attorney General Jack Conway today announced that a Franklin Circuit Court jury has handed down a $14.7 million verdict against global pharmaceutical giant AstraZeneca for defrauding the Medicaid program and Kentucky consumers by inflating the prices of their prescription drugs.

The Kentucky Medicaid program relies on published average wholesale prices (AWPs) to calculate Medicaid drug-... More...   $14700000 (10-16-2009 - KY)

David Oliver Wheeler appeals from the district court‟s decision upon judicial review affirming the Idaho Transportation Department‟s order suspending Wheeler‟s driver‟s license for failing a blood alcohol concentration test. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

A police officer stopped Wheeler‟s vehicle after he observed it swerve across... More...   $0 (10-15-2009 - ID)

Appellant, Jose Hermilo Requena, sued Otis Elevator Company ("Otis") for negligence after he was hurt using an industrial freight elevator. The trial court granted Otis's motion for judgment notwithstanding the verdict after the jury returned a verdict in favor of Requena. Requena argues in his sole issue that the trial court erred in granting Otis's motion for judgment notwithstanding the verdict... More...   $0 (10-15-2009 - TX)

Michelle David, age 24, sued GlaxoSmithKline on a products liability theory claiming that Defendant's Paxil (Seroxat} antidepressant drug was defective and unreasonably dangerous. She claimed that the drug caused her son to be born with a heart defect. She claimed that an internal memo at GSK expressed the opinion that her son's heart defects were almost certainly caused by Paxil.

GlaxoSm... More...   $2500000 (10-15-2009 - PA)

This is an appeal from the district court‘s entry of judgment notwithstanding the verdict (j.n.o.v.) in favor of respondents in a medical malpractice case after the district court found that the appellants‘ expert testimony regarding causation was scientifically unreliable. Because we find that the district judge impermissibly weighed the evidence in considering respondents‘ motion and that ... More...   $0 (10-13-2009 - ID)

Detective Michael Pieroni appeals the district court’s denial of summary judgment on his claim for qualified immunity. Pieroni interviewed plaintiff Terri Conner after she and her husband were arrested for carrying a concealed weapon. Mrs. Conner alleges that Pieroni kept her incarcerated even though he admitted knowing that Mrs. Conner was factually innocent of any crime. Mrs. Conner filed a 42... More...   $0 (10-11-2009 - MI)

Plaintiffs are current and former students of Burleson High School, located in Burleson, Texas. In response to previous incidents, the high school adopted a policy prohibiting the display of the Confederate flag on school grounds. When plaintiffs A.M. and A.T. came to school at the beginning of the spring 2006 semester carrying purses adorned with large images of the Confederate battle flag, admin... More...   $0 (10-10-2009 - TX)

This appeal arises out of a district court’s judgment awarding appellant/cross-respondent Eric Webb, a minor, general and special damages for injuries sustained after Webb’s teacher, respondent/cross-appellant Roger Phillips, placed his hand on Webb’s chest during a disturbance at school. In this opinion, we address two issues of first impression: (1) whether the Paul D. Coverdell Teacher P... More...   $0 (10-08-2009 - NV)

This appeal requires us to determine whether the district court properly rescinded its order converting a motion to dismiss into a motion for summary judgment. We must also determine whether the court properly denied Defendants qualified immunity. After reviewing the record and the parties’ briefs, we AFFIRM IN PART AND REVERSE IN PART.

I. FACTS

A. Background

The following f... More...   $0 (10-07-2009 - AL)

Bobby Joe Rylee died after an altercation with police officers in Russellville, Arkansas, and a period of detention in the Pope County Detention Center. Sandy Krout, individually and as administratrix of Rylee’s estate, brought an action under 42 U.S.C. § 1983 against five Russellville police officers and four Pope County correctional officers in their individual capacities. She alleged that th... More...   $0 (10-06-2009 - AR)

Cynthia "Cindy" Haddad, a registered pharmacist who had worked for Wal-Mart for 10 years, sued for wrongful termination after she was fired. Mrs. Haddad claimed that her wages were not the same as similarly situated male pharmacy managers, that she was fired in April 2004 because of her gender and that she was defamed in the community because her firing was associated with control drug losses. ... More...   $2000000 (10-06-2009 - MA)

In this appeal, Plaintiff-Appellant Kevin Rabbers (“Rabbers”) challenges the district court’s decision affirming the denial of his application for disability insurance benefits by Defendant-Appellee Commissioner of Social Security (“Commissioner”). Rabbers argues that the Administrative Law Judge (“ALJ”) failed to make specific findings regarding the severity of his mental impairment... More...   $0 (10-05-2009 - MI)

The Board of Trustees of the Leland Stanford Junior University (“Stanford”) appeals a final judgment that the asserted claims of U.S. Patents No. 5,968,730 (“’730 patent”), No. 6,503,705 (“’705 patent”), and No. 7,129,041 (“’041 patent”) are invalid for obviousness. Bd. of Trs. v. Roche Molecular Sys., Inc., 563 F. Supp. 2d 1016 (N.D. Cal. 2008) (“Invalidity Opinion”). Ro... More...   $0 (10-05-2009 - CA)

The City of San Clemente flatly prohibits the leafleting of unoccupied vehicles parked on city streets. We conclude that petitioners are likely to succeed in demonstrating that the City’s justification for its prohibition is insufficient and that they have otherwise met the requirements for obtaining a preliminary injunction enjoining enforcement of the prohibition.

We therefore reverse t... More...   $0 (10-04-2009 - CA)