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Pharmacy Law
Terry Staskal and Teressa Staska v. Symons Corporation, et al.

This action arises out of the collapse of two sections of concrete form work that occurred while concrete was being poured to form the fourth floor of the University of Wisconsin-Madison pharmacy building. Terry Staskal, a construction worker employed by the general contractor, Kraemer Brothers, LLC, was seriously injured. He and his wife sued the manufacturer of the concrete forming system, Sy... More...   $23821610 (09-02-2005 - WI)

Chez Douglas v. Pamela Dobbs, et al.

Chez Douglas brings this 42 U.S.C. § 1983 action alleging that her right to privacy was violated by a police search of her pharmacy prescription records executed pursuant to a court order. The district court granted summary judgment for defendants, finding that Douglas's right to privacy had not been violated, and that defendants were entitled to qualified immunity. On appeal we must decide whe... More...   $0 (08-18-2005 - NM)

Richard Tisdale v. Federal Express Corp.

In this case, Defendant-Appellant, Federal Express Corporation ("FedEx"), appeals a jury verdict in favor of Plaintiff-Appellee, Richard Tisdale ("Tisdale") as well as the award of $100,000 in punitive damages. The jury found that FedEx violated Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e, by terminating Tisdale in retaliation for his complaints about racially... More...   $100000 (07-15-2005 - TN)

Naomi Olsen and Tom Olsen v. Paul Mapes and Robert Babcock

Tom and Naomi Olsen brought a pro se civil action against attorney Robert Babcock and Administrative Law Judge Paul Mapes.(1) In a Second Amended Complaint filed without permission of the court, the Olsens attempted to add the New Mexico Board of Pharmacy (Board) as a defendant. The claims against Mr. Babcock were dismissed for lack of in personam jurisdiction. The claims against Judge Mapes we... More...   $0 (07-01-2005 - NM)


This personal injury case stems from a horrific accident in which plaintiff-appellant Daniel Smith was badly burned while attempting to light a propane water heater in his basement, allegedly due to a faulty control valve. Smith sued the company that made the control (Robertshaw Controls Company), the company that made the water heater (American Water Heater Company), and the company that suppl... More...   $0 (05-31-2005 - MA)

Family and Estate of Joey Minotti v. Unidentified Orlando Doctor, Pharmacy and Group Home

Family and Estate of Joey Minotti sued his doctor, his pharmacy and the group home where he lived for wrongful death. Joey, age 10, suffered from Down syndrome and autism. He was placed in a group home because he had been injuring himself. Despite him families objection to Joey being drugged while efforts were made to help him control his behavior, methadone was ordered, and the pharmacy tha... More...   $10000000 (05-17-2005 - FL)

Patrick Torres v. UNUM Life Ins. Co.

Patrick Torres appeals from the summary judgment order entered on behalf of UNUM Life Insurance Company of America in this suit to enforce his rights under a long-term disability plan issued and administered by UNUM. UNUM denied Torres's application for benefits. After exhausting his administrative remedies, Torres brought this action under the Employee Retirement Income Security Act of ... More...   $0 (04-27-2005 - SD)

Patrick Brady v. Wal-Mart Stores, Inc.

Patrick Brady worked for Wal-Mart for just four days before quiting. Brady, age 21, suffers from cerebral palsy. He sued his former employer for discriminating against him by unfairly reassigning him to garbage duty even though he was hired to work in the pharmacy department. He was also directed to collect shopping carts frm the parking lot by the management of the store located in Centerre... More...   $7500000 (02-25-2005 - NY)

City of St. Petersburg v. Donald Austrino and Maria Austrino

The City of St. Petersburg appeals a jury finding of liability for false arrest and an award of damages of $45,000, for which the City was found to be ninety percent liable.1 We affirm on all points raised, writing only to comment on the issue of probable cause.

- 2 -

At approximately 5:00 a.m. on April 9, 1998, fifty-five-year-old Donald Austrino was awoken and arrested in his ho... More...   $45000 (02-10-2005 - FL)

Jerry Archuleta, et al. v. Wal-Mart Stores, Inc.

Under the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. § 201 et seq., an employer may not employ a person for more than 40 hours per workweek unless the employee receives overtime compensation of at least one-and-a-half times the regular hourly rate for hours exceeding 40. Id. at § 207(a)(2)(c). The FLSA creates an exemption to its overtime requirement, however, for people "employed in a ... More...   $0 (02-06-2005 - CO)

Herbert L. Board, et al. v. Karl Farnham, Jr., et al.

Brothers Herbert and Jerome Board (collectively the "Boards"), along with three other plaintiffs, filed a sixteen-count complaint against fourteen defendants in their individual and official capacities alleging various constitutional injuries pursuant to 42 U.S.C. § 1983, as well as state law violations dealing with the Board brothers' arrest, incarceration, and subsequent acquittal on m... More...   $0 (01-07-2005 - IL)

Allen Trach v. Thrift Drug

Allen Trach sued Thrift Drug for negligently filling a prescription that caused Trach to go blind in 1995. The plaintiff claimed that a pharmacist's assistant at the Mountainville Shopping Center pharmacy in Allentown gave him Doxepin, a potent antidepressant, instead of an antibiotic for a sinus infection. Trach, then 47, lost sight in his right eye as a result of developing a type of glauc... More...   $2000000 (01-04-2005 - PA)

Administrative Committee of the Wal-Mart Associates Health and Welfare Plan v. Melvin Willard

Defendant-Appellant Melvin Willard appeals a judgment in favor of Plaintiff-Appellee Administrative Committee of the Wal-Mart Associates Health and Welfare Plan ("Plan Administrators"). The district court held that the relief sought by the Plan Administrators constituted "appropriate equitable relief" under § 502(a)(3) of More...   $0 (12-28-2004 - KS)

United States of America v. PolyMedica Corporation d/b/a Liberty Medical Supply and Liberty Home Pharmacy

The United States Government accused Liberty Medical Supply and Liberty Home Pharmacy of Medicare fraud in the sale and distribution of diabetes test strips to people who didn't order them and did not reimburse Medicare for returned packages. Liberty Medical Supply promotes itself as a leading national Medicare provider of home-delivered diabetes testing supplies, marketing primarily to seniors... More...   $35000000 (11-05-2004 - MA)

United States of America v. Ricky Joe Nelson.

This is an appeal from a criminal conviction for conspiracy to distribute controlled prescription drugs outside the usual course of professional practice (sale of prescription drugs over the internet) and conspiracy to engage in a monetary transaction with criminally derived property (money laundering). Defendant/appellant Ricky Joe Nelson (Nelson) is a physician who, with co-conspirators Fuc... More...   $0 (09-20-2004 - OK)

Florence R. Prescod, et al. v. AMR, Inc. dba American Airlines; British West Indies, dba BWIA

For most travelers affected by air carriers' misplacement of luggage, the inconvenience is a fleeting nuisance. In the case before us, however, the district court found that the defendant Airlines' failure to ensure that Caroline Neischer's bag remained in her possession was a substantial cause of Neischer's death nine days after the bag's confiscation, because the bag contained "a life... More...   $0 (08-20-2004 - CA)

Alexandra Gehrke, et al. v. Walgreens

Pharmacy ngligence claim by Alexandra Gehrke, age 6, and her parents relating to the misfilling Alexandra's prescription for Phenobarbital with Glipizide with resulting seizures and brain damage. Alexandra Gehrke was born prematurely in 1999 and her doctors prescribed Phenobarbital but the Walgreens pharmacy in Elgin, Illinois where her mother went to get the prescription gave her Glipizide, ... More...   $21000000 (08-12-2004 - IL)

Michael Dee, as Personal Representative of the Estate of Nicole Dee v. Wal-Mart Stores, Inc. and Roberto Morales, M.D.

Michael Dee, as Personal Representative of the Estate of Nicole Dee, deceased, appeals the dismissal of a negligence claim against Wal-Mart Stores, Inc., for failure of the amended


complaint to state a cause of action. The complaint alleged negligence on the part of the pharmacy at Wal-Mart in filling a prescription for Nicole Dee. We reverse. It is alleged that Nicole Dee receiv... More...   $0 (07-06-2004 - FL)

Jeffrey Justofin, et al. v. Metropolitan Life Insurance Company

The Justofins, beneficiaries under the life insurance policy of their mother Loretta K. Justofin ("Loretta"), sued Metropolitan Life Insurance Company ("MetLife") for denying a portion of death benefit proceeds. The District Court granted summary judgment in favor of MetLife by finding the amendment to the life insurance policy increasing the benefit void because of Loretta's failure t... More...   $0 (06-29-2004 - PA)

James W. Clifford, etc. v. Geritom Med, Inc., et al.

In June 1999, Doris Clifford was an 84-year-old woman in reasonably good health for a person her age. She was recovering from a cold and was experiencing some discomfort as the result of phlegm. To relieve this discomfort, her physician prescribed a decongestant, Liquibid, but her pharmacy dispensed Lithobid, a drug containing lithium and used to treat bipolar disorder. Eight days after re... More...   $0 (06-24-2004 - MN)

State of Pennsylvania, et al. v. Medco Health Solutions Inc.

Attorney General Jerry Pappert today announced that Pennsylvania and 19 other states have reached a $22.7 million settlement with the nation's largest pharmacy benefits manager (PBM), Medco Health Solutions Inc., to resolve allegations that the company switched patients to different prescription drugs but failed at times to pass the savings on to the patients or health plans.

Pappert sai... More...   $22700000 (06-09-2004 - PA)

President Riverboat Casino-Missouri, Inc. v. Missouri Gaming Commission.

President Riverboat Casino-Missouri, Inc. appeals from a $25,000 disciplinary fine imposed by the Gaming Commission. President asserts the Commission erred in determining that it violated Section 313.812.14(1) of the gaming laws by failing to comply with a St. Louis ordinance prohibiting riverboat gambling licensees from contributing money to local political candidates. We affirm, without addressi... More...   $25000 (05-28-2004 - MO)

Sheila and Leroy Holly v. Huntsville Hospital and Dr. John Markushewski

On October 6, 1997, Shelia Holly took her eleven-month-old son Cameron to the emergency room at Huntsville Hospital because he had a high fever, a high pulse rate, and trouble breathing. Dr. Markushewski, who was board-certified in family practice, was working in the emergency room when the Hollys arrived at the hospital. Dr. Markushewski treated Cameron for croup, observed him for three hour... More...   $2000000 (05-13-2004 - AL)

United States of America v. Michael Marks

On June 26, 2002, Michael Marks pleaded guilty to numerous charges arising out of his distribution of prescription drugs to acquaintances, primarily troubled teenage girls. Marks appeals his sentence, alleging that the district court improperly included drugs personally consumed by Marks in its calculation of the total amount of drugs at issue. We affirm. I. Factual and Procedural

Background... More...   $0 (04-30-2004 - ME)

John R. Billings, Licensed Outfiter, etc. v. Wyoming Board of Outfitters and Professional Guides

1 [1] In February 2002, the Wyoming Board of Outfitters and Professional Guides (Board) revoked appellant John R. Billings' (Billings) outfitter's license based on several violations of state statutes and/or the Board's rules. Billings subsequently filed a petition for review of the Board's decision, and a complaint for declaratory judgment, in the district court. Following the district co... More...   $0 (04-21-2004 - WY)

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