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Pharmacy Law
 
Susan Marandino v. Prometheus Pharmacy, et al.

The defendants, Prometheus Pharmacy and CNA Risk Services, Inc., appeal from the decision of the workers' compensation review board (board) affirming the finding and award of the workers' compensation commissioner (commissioner) in favor of the plaintiff, Susan Marandino, and dismissing the defendants' appeal. The defendants claim that the board (1) improperly sustained the commissioner'... More...   $0 (01-29-2008 - CT)

Tod R. Flemke v. CVS Pharmacy

Tod Flemke sued CVS Pharmacy on a premises liability negligence theory for the injuries and damages that she sustained when he fell and injured his lower back and had to undergo surgery to repair herniated discs. The Plaintiff slipped and fell over a plug in a CVS store located in Lake Worth, Florida. The CVS Pharmacy store did not place caution or warning signs in the aisle to alert customers... More...   $500000 (12-20-2007 - FL)

Lyn-Ann COOMBES, administratrix vs. Roland J. FLORIO.

In this case we consider whether a physician owes a duty of care to someone other than his patient for harm caused by his failure to warn the patient of the effects of his treatment of that patient. The decedent, Kevin Coombes (Coombes), died of injuries he sustained when he was struck by an automobile driven by David Sacca. At the time of the accident Sacca was under the care of his physician,... More...   $0 (12-13-2007 - MA)

Dea Isis Ferguson, etc. v. William F. Nelson, D.O., et al.

Plaintiffs appeal a judgment on a jury verdict in favor of defendant. They argue that the trial court erred by denying their motions to amend and to postpone trial, by giving two jury instructions, and by failing to give eight jury instructions. We conclude that the trial court did not abuse its discretion by denying plaintiffs' motions and that the two given instructions to which plaintiffs ... More...   $0 (12-12-2007 - OR)

Lyn-Ann Coombes v. Roland J. Florio

In this case we consider whether a physician owes a duty of care to someone other than his patient for harm caused by his failure to warn the patient of the effects of his treatment of that patient. The decedent, Kevin Coombes, died of injuries he *184 sustained when he was struck by an automobile driven by David Sacca. At the time of the accident Sacca was under the care of his physician, the ... More...   $0 (12-10-2007 - MA)

Kevin L. Lamson v. Crater Lake Motor, Inc.

Plaintiff initiated this action against defendant, his former employer, alleging that he was wrongfully discharged for complaining about and refusing to participate in a new and used car sales event conducted on defendant's property. Plaintiff's claim was tried to a jury, and the jury returned a verdict in favor of plaintiff. Defendant appeals, arguing that the trial court should have granted... More...   $0 (12-05-2007 - OR)

Lorenne Rebecca Rivera-Platte v. First Colony Life Insurance Company

{1} This appeal stems from the entry of an order approving a settlement reached between the Class and First Colony Life Insurance Company. Seven unnamed class members appealed. This Court consolidated the appeals to resolve in a single opinion all the issues advanced. As a preliminary matter, we address the right of unnamed class members in an opt-out class action to appeal the approval ... More...   $0 (11-30-2007 - NM)

In re: Vioxx Litigation Settlement

Merck & Co., Inc. today announced that it has entered into an agreement with the law firms that comprise the executive committee of the Plaintiffs' Steering Committee of the federal multidistrict VIOXX litigation as well as representatives of plaintiffs' counsel in state coordinated proceedings to resolve state and federal myocardial infarction (MI) and ischemic stroke claims already filed ag... More...   $4850000000 (11-09-2007 - NJ)

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

ΒΆ1 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)

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