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Pharmacy Law
Mabel Kay Thomas v. Speedway SuperAmerica, LLC, AGent of RB Williams

Plaintiff Mabel Kay Thomas ("Thomas") appeals the district court's grant of summary judgment in favor of Speedway SuperAmerica LLC ("Speedway"), which denied her claims for unpaid overtime wages under both federal and state law. The district court held that Thomas was a bona fide executive employee under 29 U.S.C. § 213(a)(1) and thus not entitled to overtime wages. The narrow issue on appe... More...   $0 (10-30-2007 - OH)

Indiana Right to Life, Inc. and Arline Sprau v. Randall T. Shepard, in his official capacity as a member of the Indiana Commission on Judicial Qualifications, et al.

Indiana Right to Life and Arline Sprau (we will refer to them collectively as Right to Life) filed this complaint against the Indiana Commission on Judicial Qualifications and the Indiana Disciplinary Commission, contending that two canons in the Indiana Code of Judicial Conduct violate their First Amendment rights. The district court agreed that one of the canons was unconstitutional and... More...   $0 (10-27-2007 - IN)

GDT CG1, LLC v. Oklahoma County Board of Equalizaqtion

¶1 Plaintiffs/Appellants GDT CG1, LLC (Property Owner), Ministries of Jesus, Inc. (MJI), and Transformation Fitness Center, LLC (Fitness Center) (collectively, Appellants) appeal from summary judgment entered in favor of Defendants/Appellees Board of Equalization of Oklahoma County and Oklahoma County Assessor (collectively, County) which affirmed County's ruling that Appellants were not entitled... More...   $0 (10-24-2007 - OK)

Carol A. Post v. Hartford Insurance Company

Carol Post believes that she is entitled to long term
disability benefits under her former employer's disability plan.

Her treating physicians maintain that she is disabled. On the
other hand, Hartford Insurance Company, the plan administrator
(who also happens to fund the plan), has hired reviewing
physicians who maintain that Post is not disabled. In other
wor... More...
   $0 (09-24-2007 - PA)

International Union of Operating Engineers Local No. 68 Welfare Fund v. Merck & Co., Inc.

In July 2005, a Law Division judge granted the motion of plaintiff International Union of Operating Engineers Local #68 Welfare Fund "to certify a nationwide class of third-party[,] non-government payors who . . . paid any person or entity for the purchase of a prescription anti-inflammatory arthritis and acute pain medication marketed by defendant Merck & Company, Inc. . . . under the bra... More...   $0 (09-07-2007 - NJ)

WILLIAM PREYOR, JR., as Personal Rep. of the Estate of WILLIAM PREYOR, III, Deceased, v. CITY OF FERNDALE et al.

On behalf of his son (William Preyor, III), Plaintiff William Preyor Jr. brought this 42 U.S.C. § 1983 action against the City of Ferndale and several of its police officers, alleging deliberate indifference to his son's serious medical needs. The parties stipulated to the dismissal of all Defendants except two (Sergeants Steve Jennings and Thomas Cupples). These two collectively filed a mo... More...   $0 (09-05-2007 - MI)

Tara Young v. ESI Mail Pharmacy Service, Inc., and Division of Employment Security

Tara Young (Claimant) appeals the decision of the Labor and Industrial Relations Commission (Commission) dismissing her application for review regarding her unemployment benefits. We dismiss the appeal.

A deputy of the Division of Employment Security (Division) granted Claimant's application for unemployment benefits. Her employer, ESI Mail Pharmacy Service, Inc. (Employer) filed an appea... More...   $0 (09-04-2007 - MO)

Estate of Beth Hippley v. Walgreen Company

The Estate of Beth Hippley, age 46, sued Walgreens Pharmacies on a pharmacy negligence theory claiming that she was paralized and ultimately died as a result of being given an overdose of a cancer medical. Plaintiff claimed that the dosage was 10 times the amount prescribed and as a direct result of taking the medicine she developed severe headaches and eventually suffered a brain hemorrhage and p... More...   $33300000 (08-31-2007 - FL)

Craig Marten v. Harold Godwin, et al.

After being accused of plagiarism and expelled from an internet-based educational program, Craig Marten filed a complaint in the United States District Court for the Eastern District of Pennsylvania alleging defamation in violation of state law and retaliation in violation of the First Amendment pursuant to 42 U.S.C. § 1983. He appeals from an order of the District Court granting defendan... More...   $0 (08-23-2007 - PA)

Deane Hippely, et al. v. Walgreen Company, et al.

Deane Hippley and his children sued Walgreen Company for negligently filling a prescription for Warfarin and, as a direct, result caused her to suffer a cerebral hemorrhage and died. Beth Hippely was prescribed Warfarin by her doctor as part of her treatment for cancer. The medication given to her by Walgreens was ten times the strength prescribed by her doctor. Plaintiffs claimed that the pharm... More...   $25800000 (08-19-2007 - FL)

Anton Weck v. Saint Peter's University Hospital and Eun Mi Jhun

Anton Weck sued Eun Mi Jhun and Saint Peter's University Hospital in New Brunswick on a medical negligence theory claiming that he was harmed by a pharmacy mistake. Anton Weck was permanently paralyzed from the waist down as a consequence of a mistake in the preparation of a drug administered at Saint Peter's University Hospital in New Brunswick. The contaminated dose was injected into the spin... More...   $18500000 (08-01-2007 - NJ)

Jerry Bodie v. The Purdue Pharma Company, , et al.

Plaintiff-Appellant Jerry Bodie ("Bodie") brought this action against the defendants-appellees, The Purdue Pharma Company, Purdue Pharma, L.P., Purdue Pharma, Inc., Purdue Frederick Co., and The P.F. Laboratories, Inc. (hereinafter, collectively, "Purdue"), who manufacture and market the prescription drug OxyContin. Bodie argued that Purdue distributed OxyContin without providing sufficien... More...   $0 (06-06-2007 - AL)

Motiva Enterprises, LLC v. Audeen McCrabb, et al.

In this condemnation proceeding, appellant, Motiva Enterprises, LLC ("Motiva"), challenges the trial court's summary judgment granted in favor of appellees, Audeen McCrabb, Norma Ann Euton, Connie Mendez, Tom Mendez, Kirk McCrabb, Kathy McCrabb, Scott McCrabb, Sarah McCrabb, Joseph McCrabb, and Rebacca McCrabb ("the McCrabbs"), awarding the McCrabbs $304,000 for the value of 7,677 square feet ... More...   $304000 (05-17-2007 - TX)

James Barfield and Chris Barfield v. Commerce Bank, N.A.

Chris Barfield, an African-American man, entered a Commerce Bank branch in Wichita, Kansas, and requested change for a $50 bill. He was refused change on the ground that he was not an account-holder. The next day, Chris Barfield's father, James Barfield, asked a white friend, John Polson, to make the same request from the bank. Mr. Polson was given change, and the teller never asked whether he ... More...   $0 (05-01-2007 - KS)

The Estate of Frank P. Rille, by its Personal Representative, Susan Rile, and Susan Rille, et al. v. Physicians Insurance Company, et al., etc.

1 SHIRLEY S. ABRAHAMSON, C.J. This case is before the court on certification by the court of appeals, pursuant to Wis. Stat. § (Rule) 809.61 (2003-04).[1] The circuit court for Waukesha County, Mark S. Gempeler, Judge, granted the motion of the third-party defendants, Albertson's, Inc. and Osco Drug, Inc., (collectively referred to as Osco Drug),[2] to dismiss the third-party complaint bro... More...   $0 (04-05-2007 - WI)

Chicago District Council of Carpenters Rx, Inc. v. Caremark, Inc. and Caremark RX, Inc.

The Chicago District Council of Carpenters Welfare Fund ("Carpenters") sued Caremark, Inc. and its parent company Caremark Rx, Inc. (collectively "Caremark") for breach of fiduciary duties under 29 U.S.C. § 1106(b) of the Employee Retirement Income Security Act of 1974 ("ERISA").1 The district court determined that Caremark was not an ERISA fiduciary and therefore granted Caremark's motio... More...   $0 (01-22-2007 - IL)

James D. Lond and Linda Still Well-Lind v. Aetna Health, Inc.

The Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, can be a fruitless and thorny ground for plaintiffs, and many seek to avoid it entirely by bringing their insurance claims under state law. The Supreme Court has increasingly circumscribed such state-law claims, however, finding the pre-emptive sweep of ERISA to be so "extraordinary" that it bars all claims of close relation... More...   $0 (11-03-2006 - OK)

Family and Estate of Leonard Kulisek v. Walgreens

Family and Estate of Leonard Kulisek sued Walgreens Pharmacies on a negligence theory for the wrongful death of Mr. Kulisek, age 79, claiming that the defendant negligently allowed a drug-abusing pharmacist to work for it. As a direct result a prescription ordered by Md. Kulisek was filled with the wrong medicine with the result that his blood sugar level plummeted, putting him into a coma... More...   $31000000 (10-03-2006 - IL)

MANDY R., by and through her parents and guardians, Mr. and Mrs. R.; LISA W., by and through her parents and next friends, Mr. and Mrs. W.; STEPHANIE F., by and through her parents and next friends, Mr. and Mrs. F., etc. v. Bills Owens, et al.

Colorado has a waiting list of hundreds of developmentally disabled persons who need but do not receive Medicaid-funded services. Six such persons and an association of providers brought this suit under 42 U.S.C. §1983, claiming that the State of Colorado has failed to comply with three requirements of the Medicaid Act, namely reasonable promptness, comparability, and sufficient payments. Afte... More...   $0 (09-22-2006 - CO)

James M. Abraham v. Intermountain Health Care,Inc.

This appeal is the result of certain Utah optometrists' decade-long effort to become panel providers for the largest managed health care company in the state. In 2001, the optometrists ultimately filed suit against Intermountain Health Care, Inc. ("IHC") and others, alleging that IHC's exclusion of optometrists from its network of providers violates §§ 1 and 2 of the Sherman Act. The District C... More...   $0 (09-13-2006 - UT)

James M. Abraham v. Intermountain Health Care,Inc.

This appeal is the result of certain Utah optometrists' decade-long effort to become panel providers for the largest managed health care company in the state. In 2001, the optometrists ultimately filed suit against Intermountain Health Care, Inc. ("IHC") and others, alleging that IHC's exclusion of optometrists from its network of providers violates §§ 1 and 2 of the Sherman Act. The District Cou... More...   $0 (09-06-2006 - UT)

Renee and Christopher Mirante, individually and as the parents of Madeline Mirante v. Bonneville's Pharmacy

Renee and Christopher Madeline Mirante sued Bonneville's Pharmacy in Putnam, Connecticut on a negligence theory claiming that the pharmacy negligently filled a prescription phoned to the pharmacy by the child's doctor for Prilosec with Prozac. Madeline, who was 11-months-old, became severely ill and was hospitalized for five days.

Defendant admitted liability but contested Plaintiff... More...   $350000 (07-13-2006 - CT)

Robert Ortiz v. Andrew Collins, Tim Welsh and Jerel S. Twyman

The trial court granted summary judgment against appellant Robert Ortiz on all of his claims against appellees Andrew Collins, Tim Welsh, and Jerel S. Twyman. In four issues, Ortiz claims the trial court erred in dismissing his claims. In one cross issue, Collins and Welsh challenge this court=s appellate jurisdiction.[1] We affirm in part and reverse and remand in part.

... More...   $0 (07-07-2006 - TX)

Sharon Kennedy, as Administrator of the Esatte of Ralph G. Studzinski v. Medtronic, Inc.

Plaintiff, Sharon Kennedy, as administrator of the estate of her father, Ralph G. Studzinski, brought this negligence action seeking damages for the alleged injury and wrongful death of her father following the implantation of a cardiac pacemaker and lead manufactured by defendant, Medtronic, Inc. The trial court granted Medtronic's motion for summary judgment.

The following f... More...   $0 (06-22-2006 - IL)

Alysa S. v. Doe Hospital; Claude T.H. Friedman, M.D.

On April 23, 2003, plaintiff was admitted to Doe Hospital on a 72-hour hold due to an attempted suicide. Four days prior to plaintiff's admission to Doe Hospital, April 19, 2003, Guichard was first transferred from the Los Angeles County Jail to Los Angeles County Harbor UCLA Medical Center, and then to Doe Hospital. Guichard was continued on a 72-hour hold after being transferred from the Lo... More...   $635000 (05-04-2006 - CA)

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