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Pharmacy Law
 
Ashleigh Brenton v. Metabolife International, Inc.

Plaintiff Ashleigh Brenton filed this action against defendant Metabolife International, Inc. (MII) alleging that Brenton used Metabolife 356 (the Product), a product manufactured and marketed by MII, in accordance with the instructions provided by MII, and that she suffered a psychotic breakdown as the result of her use of the

2 Product. MII appeals the order denying its motion to stri... More...   $0 (03-05-2004 - CA)

William Taglieri, et al. v. Albert Moss, M.D.

The first issue, common to both appeals brought on behalf of Moss, is whether a physician's knowing violation of the regulations is merely evidence of professional negligence, or whether the violation establishes negligence as a matter of law. The second issue, relating only to the appeal in A-5053, is whether the physician's conduct constitutes "willful misconduct" as contemplated by the Tort ... More...   $0 (03-01-2004 - NJ)

General Electric Capital Assurance Corp., and Bank One, Texas, N.A. v. Barrie Brooks Jackson, Jr. and Milton E. Richards

Barrie Brooks Jackson, Jr., an appellee in this case, sued General Electric Capital Assurance Company (GECA), Bank One Texas, National Association (Bank One), and Milton E. Richards, alleging that GECA and Bank One wrongfully paid proceeds to Richards instead of Jackson and that Richards breached his fiduciary duty to Jackson in the management of those funds.

Jackson, GECA, and... More...   $0 (02-20-2004 - OK)

Mainstream Marketing Services, Inc., et al. v. Federal Trade Commission

The four cases consolidated in this appeal involve challenges to the national do-not-call registry, which allows individuals to register their phone numbers on a national "do-not-call list" and prohibits most commercial telemarketers from calling the numbers on that list. The primary issue in this case is whether the First Amendment prevents the government from establishing an opt-in telemarket... More...   $0 (02-18-2004 - OK)

Allan J. Norville and Kenai Plaza/Carr's-Safeway, LLC v. Carr-Gottstein Foods Co.

The question presented is whether a landlord's refusal to consent to a sublease was unreasonable. The superior court granted summary judgment in favor of the tenant on this issue. We conclude that this was error because there were genuine issues of material fact and the tenant was not entitled to judgment as a matter of law.

FACTS AND PROCEEDINGS

Allan Norville owns a shopping cent... More...   $0 (02-15-2004 - AK)

Debra L. Chandler v. Balbir Singh, M.D., John Lewis, R.PH. and Wal-Mart Stores, Inc.

Debra L. Chandler sued her physician, Balbir Singh, M.D., her pharmacist, John Lewis, R.Ph., and Lewis' employer, Wal-Mart Stores, Inc., alleging she was injured in an automobile accident caused by a seizure brought on by a medication prescribed for her by Singh and provided by Wal-Mart and Lewis. Chandler's lawsuit was dismissed by the trial court under Tex. Rev. Civ. Stat. Ann. art. 4590i, § ... More...   $0 (02-13-2004 - TX)

Deborah M. Thomas v. St. Martin's Child Care Center and Division of Employment Security.

Deborah M. Thomas (Claimant) appeals the decision of the Labor and Industrial Relations Commission (Commission) affirming the Appeals Tribunal's denial of unemployment benefits to her. Because we find Claimant's notice of appeal untimely, we dismiss the appeal.

A deputy of the Division of Employment Security (Division) denied Claimant's application for unemployment benefits, concluding that ... More...   $0 (02-13-2004 - MO)

JUANITA SULLIVAN, Indiv. and as Special Adm'r of the Estate of Burns Sullivan, Deceased v. EDWARD HOSPITAL et al.

Plaintiff, Juanita Sullivan, individually and as special administrator of the estate of Burns Sullivan (Burns), brought a medical malpractice action in the circuit court of Du Page County. Plaintiff named as defendants Edward Hospital (the hospital) and Dr. Amelia Conte-Russian. Plaintiff claimed that the hospital, through one of its nurses, and Dr. Conte-Russian were negligent in the care and ... More...   $0 (02-11-2004 - IL)

AMERICAN ECONOMY INSURANCE COMPANY v. BOGDAHN

1 Pursuant to the Uniform Certification of Questions of Law Act, 20 O.S.2001, §§ 1601-1611, the United States Court of Appeals for the Tenth Circuit on its own motion certified the following question of Oklahoma law:

Whether Blake Bogdahn was a person insured under the uninsured motorist provisions of the American Economy policy issued to Hillcrest Pharmacy, Inc. as the named insured? More...   $0 (02-10-2004 - OK)

Teresa Johnson v. Missouri Board of Nursing Administrators

Appellant Teresa Johnson ("Johnson") appeals a judgment of the Circuit Court of Cole County upholding the decision of the Administrative Hearing Commission ("AHC") that Johnson's license to practice as a professional nursing home administrator in Missouri was subject to discipline by the Missouri Board of Nursing Home Administrators (" Board") and upholding the order of the Board revoking Johns... More...   $0 (01-30-2004 - MO)

State ex rel. Cynthia Denise Ryan v. David Alan Ryan.

David Ryan ("Father") was adjudged to be in contempt of court for failing to pay child support arrearage of $1,048.80. The court used the arrearage determination made by the Missouri Division of Child Support Enforcement ("Division") in an order dated November 30, 1994, to arrive at the arrearage amount. The court rejected the State's claim that an arrearage of $18,598.80 was the figure that shoul... More...   $1049 (01-26-2004 - MO)

Smith v. SBC Communications, Inc.

In Weinberg v. Sprint Corp., 173 N.J. 233 (2002), we concluded that the filed rate doctrine effectively barred plaintiffs from seeking monetary and injunctive relief against telecommunications carriers under the Consumer Fraud Act, N.J.S.A. 56:8-1 to 20, because the doctrine precluded plaintiffs from pleading a claim of ascertainable loss capable of surviving a motion for summary judgment. In thi... More...   $0 (01-26-2004 - NJ)

Weinman v. Fidelity Capital Appreciation Fund

In these appeals, we consider for a second time challenges to the settlement of a defendant class action arising out of the 1992 bankruptcy of Integra Realty Resources, Inc. ("Integra"). See Weinman v. Fid. Capital Appreciation Fund (In re Integra Realty Res., Inc.), 262 F.3d 1089 (10th Cir. 2001) ("Integra I"). The appellants contend that the district court erred in approving the class settleme... More...   $0 (01-16-2004 - CO)

Ridgecrest Retirement & Healthcare d/b/a Ridgecrest Retirement Center, Ltd. v. Darlyn Jill Urban, Individually, and as Representative of the Estate of Donald G. Marker, et al.

Plaintiffs/appellees, Darlyn Jill Urban, individually, and as representative of the estate of Donald G. Maker, and Richard J. Maker, individually, sued defendant/appellant, Ridgecrest Retirement & Healthcare d/b/a Ridgecrest Retirement Center, Ltd. ("Ridgecrest"), for negligence in its care of Donald G. Maker ("Maker"). A jury returned a verdict awarding $999,999.99 to Maker's estate, but foun... More...   $0 (01-08-2004 - TX)

Christopher Gibson v. Mayor and Council of the City of Wilmington, et al.

Plaintiff Christopher Gibson ("Gibson"), a ten year veteran of the Wilmington, Delaware Police Department ("WPD") who was discharged for making dishonest statements to his supervising officers, appeals the District Court's sua sponte grant of summary judgment on the grounds that the regulation pursuant to which he was discharged, WPD Directive 7.3D, the "Honesty Directive," was vague and ... More...   $0 (01-08-2004 - DE)

State of Kansas v. Edward L. Atkinson a/k/a Eddie Atkins

Edward Atkinson was convicted, following a jury trial, of rape under K.S.A. 21-3502(1)(a). On direct appeal, Atkinson argues the trial court erred in applying the Kansas rape shield statute, K.S.A. 21-3525, in a manner which violated his rights under the Due Process and Confrontation Clauses of the United States and Kansas constitutions. The district court prohibited Atkinson from cross-examini... More...   $0 (12-19-2003 - KS)

In Re The Marriage of Wendy May Walker and John Leland Walker II

Wendy Walker n/k/a Wendy Meinhold appeals the district court's decree dissolving the parties' marriage. She contends the district court erred when it: (1) awarded primary care of the parties' minor child to John; (2) failed to make an equitable distribution of the parties' property; and (3) ordered her to pay $3000 toward John's trial attorney fees. Wendy alternatively argues the district cou... More...   $0 (11-04-2003 - IA)

Jeanne Schaerrer v. Stewart's Plaza Pharmacy, Inc., et al.

In June 1995, Schaerrer met with her physician, Dr. Jeffrey W. Johnson, who prescribed fenfluramine and phentermine as a weight loss measure. Schaerrer took fenfluramine and phentermine as prescribed from June 1995 through June 1997. She was originally prescribed twenty-milligram fenfluramine tablets to be taken three times daily and a generic phentermine capsule to be taken once daily. Schaerr... More...   $0 (10-27-2003 - UT)

State of Missouri ex rel. Rochell Moore and Amy L. Hilgemann v. Harold Brewster and the Board of Education of the City of St. Louis.

Appellants/cross-respondents, Harold Brewster ("Brewster") and the Board of Education of the City of St. Louis ("the Board") appeal from the judgment, after a bench trial, of the Circuit Court of the City of St. Louis pursuant to a petition in mandamus seeking enforcement of the Sunshine Law, chapter 610, et seq., RSMO 2000, (FN1) which was later amended and supplemented by a petition invoking sec... More...   $11200 (07-29-2003 - MO)

Donna Kubitz, et al. v. David B. Winkles, et al.

Pharmacy negligence wrongful death claim by family of Bruce Kubitz, who committed suicide after taking Darvocet and butalbital which plaintiffs claimed was not authorized by Mr. Kubitz's physician.

Defendant claimed that he contacted the doctor's office to verify that the medications could be dispensed to Mr. Kubitz but could not produce computer records to show that records were kept contempora... More...   $200000 (07-16-2003 - FL)

Katherine Fisher, et al. v. Oklahoma Health Care Authority, et al.

Plaintiffs, three disabled individuals receiving state-funded medical care as part of Oklahoma's Home and Community-Based Services ("HCBS") Waiver Program, the "Advantage Program," ask us to decide whether the defendants, the Oklahoma Health Care Authority ("OHCA")--the state agency that administers the Medicaid program for Oklahoma--and Mike Fogarty, in his official capacity as CEO of the OHCA... More...   $0 (07-16-2003 - OK)

Shire US, Inc. v. Barr Laboratories, Inc.

This matter comes on before this court on appeal from an order entered August 27, 2002, denying appellant Shire U.S. Inc.'s ("Shire") application for a preliminary injunction in its case against Barr Laboratories, Inc. ("Barr") charging Barr with trade dress infringement and trade dress dilution under sections 43(a) and (c) of the Lanham Act, 15 U.S.C. §§ 1125(a) and (c), and state unfair... More...   $0 (05-28-2003 - NJ)

Lang v. Wal-Mart Stores, Inc.

Pharmacy negligence claim on behalf of 4-year-old Taylor Lan whose prescription for Guaifsenesin, an expectorant, by his pediatrician, was negligently filled by a Wal-Mart Pharmacy with Grifulvin, an anti-fungal agent. He child developed severe diarrhea, stomach cramps and lethargy and showed elevated liver enzymes for a time. ... More...   $175000 (04-18-2003 - MO)

Psychiatric Healthcare Corporation of Missouri d/b/a Lakeland Regional Hospital v. Department of

This appeal arises from a judgment by the Cole County Circuit Court reversing the decision of the Administrative Hearing Commission ("Commission"). The Commission ruled that the Missouri Department of Social Services, Division of Medical Services ("the Division") could recoup payments previously made to Psychiatric Healthcare Corporation ("Hospital") for medical care and treatment of Medicaid b... More...   $0 (04-01-2003 - MO)

Eller Media Company Vs. City of Houston, Texas

The opinion issued on October 25, 2001 is withdrawn, and this opinion is issued in its place.

Appellant, Eller Media Company, and several other outdoor advertising plaintiffs sued appellee, the City of Houston, challenging the validity of the amended Houston Sign Code and alleging, among other things, a taking without compensation in violation of the Texas and United States Constitutions,... More...   $0 (03-06-2003 - TX)

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