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Pharmacy Law
Robert Montour v. Hartford Life & Accident Insurance Company

This case presents the question of how a district court should apply the abuse of discretion standard when reviewing a decision by the administrator of an employee benefits plan governed by the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended, 29 U.S.C. §§ 1001-1461, when that administrator has a conflict of interest. We conclude that a reviewing court must take ... More...   $0 (09-14-2009 - CA)

New Albany DVA, LLC v. City of New Albany, Indiana

New Albany DVD operates an adult store in New Albany, Indiana. It does not provide live or recorded entertainment on site. Customers buy books, magazines, or videos, which they read or watch at home. Plaintiff bought land for this operation in 2003, secured all necessary licenses, and renovated the site’s store to meet its requirements. The land was properly zoned for the business it proposed to... More...   $0 (09-10-2009 - IN)

Wanda Mae Smith v. James J. Pavlovich, M.D.

This is a medical malpractice action brought by the plaintiff, Wanda Mae Smith, individually and as the special administrator of the estate of her deceased daughter, Crystal Smith, against a licensed advanced practice nurse, Patricia G. Dillard, R.N., and two doctors, James J. Pavlovich, M.D., and Kathryn A. Churling, M.D., all of whom practiced at the Carbondale Clinic.1 Crystal was born December... More...   $0 (09-08-2009 - IL)

National Association of Chain Drug Stores v. New England Carpenters Health Benefit Fund

On these appeals, certain pharmacies, several organizations representing pharmacies and an organization representing pharmacy benefit managers ("PBMs") challenge settlements in two class actions. The actions were brought by purchasers of pharmaceutical drugs against publishers of drug pricing data, as well as a wholesaler not party to these appeals. At issue are both the validity of the settlement... More...   $0 (09-03-2009 - MA)

Suzanne Genereux v. American Beryllian Corp.

Suzanne Genereux, her husband Barry Genereux, and their children brought suit against various manufacturers of beryllium products, alleging that their products caused injury to Suzanne Genereux when she came into contact with them at her workplace. The complaint asserted negligence, breach of warranty, failure to warn, violation of Massachusetts General Laws chapter 93A, and other claims. The dist... More...   $0 (08-20-2009 - MA)

Franklin Memorial Hospital v. Brenda M. Harvey

Since 1989, Maine has required all hospitals to provide free medical services to certain low income patients under a set of statutes and regulations collectively known as "free care laws." See Me. Rev. Stat. Ann. tit. 22, §§ 1715, 1716; 10-144-150 Me. Code R. § 1.01 et seq. Maine's free care laws do not reimburse the hospitals for their expenses incurred in delivering care to low income patient... More...   $0 (08-05-2009 - ME)

Exergen Corporation v. Wal-Mart Stores, Inc.

S.A.A.T. Systems Application of Advanced Technology, Ltd. and Daiwa Products, Inc. (collectively “SAAT”) appeal the denial of their motion for judgment as a matter of law (“JMOL”) after a jury found that SAAT willfully infringed U.S. Patents No. 5,012,813 (“the ’813 patent”), No. 6,047,205 (“the ’205 patent”), and No. 6,292,685 (“the ’685 patent”) and awarded lost profit ... More...   $0 (08-04-2009 - MA)

James Huch and Ryan Carstens v. Charter Communications, Inc.

James Huch and Ryan Carstens filed a class-action lawsuit in St. Louis County alleging that Charter Communications illegally charged many of its customers a separate fee for a paper television-channel guide that the customers did not request. Charter moved to dismiss, asserting that the voluntary payment doctrine prohibited the court from ordering Charter to refund the money it charged, and custom... More...   $0 (08-04-2009 - MO)

James Hughs and Ryan Carstens v. Charter Communications, Inc.

James Huch and Ryan Carstens filed a class-action lawsuit in St. Louis County alleging that Charter Communications illegally charged many of its customers a separate fee for a paper television-channel guide that the customers did not request. Charter moved to dismiss, asserting that the voluntary payment doctrine prohibited the court from ordering Charter to refund the money it charged, and custom... More...   $0 (08-04-2009 - MO)

Brian Potter v. Ricahrd C. McLeary, M.D., et al.

This case raises the issue whether a professional corporation (PC) must be provided an NOI before the commencement of the medical malpractice action. It also raises the issue of what statements must be set forth in an NOI to satisfy the requirements of MCL 691.2912b(4) when a claim being made against the PC is based solely on a PC’s vicarious liability for its physician.

We hold, on the b... More...
   $0 (07-31-2009 - MI)

Marlyn Nutraceuticals, Inc. v. Mucos Pharma GMbH & Co. et al.

This appeal presents the question, among others, as to the appropriate criteria that a district court should apply in considering a motion to enter a preliminary injunction requiring a product recall in a trademark infringement case. We join the Third Circuit in requiring that a district court must find a substantial risk of danger to the public or other special circumstances in order to enter an ... More...   $0 (07-02-2009 - AZ)

Richard Marston v. Walgreen Company

In this personal injury, wrongful death, and survival action in October 2006, a jury found defendants Walgreen Company (Walgreen) and Walgreen’s pharmacist, James Wilmes,1 to have been negligent in providing the wrong prescription drugs to Leonard Kulisek, then 77 years old. This event occurred on January 1, 2001, at a Walgreen’s store in Schaumburg, Illinois. Kulisek suffered grave injuries a... More...   $0 (05-29-2009 - IL)

United States of America v. Philip Morris, USA, Inc., et al.

Defendants in this action, cigarette manufacturers and trade organizations, appeal from the district court’s judgment finding them liable for conducting the affairs of their joint enterprise through a pattern of mail and wire fraud in a scheme to deceive American consumers. They also appeal from the district court’s remedial order, which imposes numerous negative and affirmative duties on Defe... More...   $0 (05-23-2009 - DC)

Terry A. Leonard, P.A. and April Dawn Hain, M.D. v. Andre Glenn

This is an accelerated appeal, in a medical malpractice dispute, from the trial court’s denial of motions to dismiss, under section 101.106(f) and chapter 74 of the Texas Civil Practice and Remedies Code. Plaintiff Andre Glenn sued Defendants Dr. April Hain and Physician Assistant Terry A. Leonard who were employed by Bexar County Hospital District d/b/a University Health Systems (UHS). Glenn ... More...   $0 (05-20-2009 - TX)

Dave Nichols v. Holiday Panay Marina, L.P.

Dave Nicholls appeals from the trial court’s dismissal of his complaint under the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.)1 against Holiday Panay Marina, L.P. We reverse and remand.


Respondent Holiday Panay Marina, L.P. operates a boat marina in Marina Del Rey, California. The marina is private, and only the marina’s tenants may us... More...
   $0 (05-05-2009 - CA)

Robert E. Fast, et al. v. F. James Marston, M.D.

Dr. Robert Fast appeals a summary judgment entered in favor of Dr. James Marston on Dr. Fast’s petition for indemnity against Dr. Marston. The judgment is affirmed.


In 1997, Dr. Marston and Dr. Fast performed a surgical procedure on Kimberly Black. In 2003, another physician discovered that a surgical sponge had been left in the surgical site. Black filed a medical malpractic... More...
   $0 (05-05-2009 - MO)

Paul Moraski, et al. v. Connecticut Board of Examiners of Embalmers and Funeral Directors

The plaintiffs, Paul Moraski and Colonial Funeral Home (Colonial), appeal from the trial court’s judgment dismissing their appeal from the decisions of the defendant, the state board of examiners of embalmers and funeral directors (board), suspending and thereafter revoking Moraski’s embalmer’s license and Colonial’s funeral home inspection certificate (certificate) and imposing a $50,000 ... More...   $0 (04-16-2009 - CT)

Ann J. Schneider v. Employees Retirement System of Texas, et al.

Ann J. Schneider appeals the district-court judgment affirming an order issued by the Board of Trustees of the Employees Retirement System of Texas ("the Board") that denied her insurance claim for long-term disability benefits because (1) she filed her claim late and (2) her alleged disability arose from a preexisting condition excluded by the insurance policy. On appeal, Schneider contends that... More...   $0 (04-03-2009 - TX)

Florida Family Policy Council v. Thomas B. Freeman

Florida Family Policy Council, Inc. is a nonprofit organization that distributes questionnaires to judicial candidates in order to gather and publish their views on legal and political issues. Florida Family’s attempts to gather judicial candidates’ views, however, have been hampered in part by Canon 3E(1) and 3E(1)(f) of the Florida Code of Judicial Conduct. Those provisions address situation... More...   $0 (03-08-2009 - FL)

Thomas J. "Jim" Trulock v. The city of Duncanville

Thomas J. “Jim” Trulock appeals the county court's interlocutory “Order Denying [Trulock's] Application for Temporary Injunction and for Declaratory Judgment,” which dismissed his claims for “want of jurisdiction.” In two issues, Trulock argues: (1) the county court erred when it determined it did not have jurisdiction to hear the matter or grant him injunctive relief; and (2) the City... More...   $0 (02-19-2009 - TX)

Cassey McDowell v. Mays Drug Stores, Inc.

Cassey McDowell sued May's Drug Store on a pharmacy negligence theory. the claims made and defenses asserted are not available.... More...   $6195 (02-18-2009 - OK)

The Kroger Company v. Betty Shaw and Robert Shaw

Appellant, The Kroger Company, appeals from a judgment rendered on a jury verdict finding them negligent in a premises liability lawsuit filed by appellees, Betty Shaw and Robert Shaw. In its sole issue, Kroger contends the trial court erred by denying its motion for judgment notwithstanding the verdict (JNOV), asserting that there is no evidence to support the jury's finding that it had either ac... More...   $0 (01-30-2009 - TX)

Michelle Stalk and Urban Construction Company, LLC v. Michael Mushkin

In this appeal, we consider which statutes of limitation apply to claims for intentional interference with prospective business advantage, intentional interference with contractual relations, and breach of fiduciary duty arising from an attorney-client relationship. We determine that claims for intentional interference with prospective business advantage and contractual relations are claims for i... More...   $0 (01-29-2009 - NV)

Marlena Osborne v. Gary Fadden and Susan Williams

Respondents(1) appeal a judgment entering two permanent stalking protective orders (SPOs), a money judgment, and an order certifying compliance with federal domestic violence firearm laws, 18 USC § 922(d)(8), (g)(8). On review, we conclude that the evidence is insufficient to support the entry of SPOs against either respondent, and, accordingly, we reverse.

We review the facts supporting ... More...
   $0 (01-28-2009 - OR)

Ligia Fernandez, et al. v. Costco Wholesale Corporation and Dan CallaghanA-

Plaintiffs, former employees of defendant Costco Wholesale Corporation of various races and national origins, appeal from an order of summary judgment dismissing their action against Costco and its Hackensack store's Warehouse Manager, A. Daniel Callaghan, charging violations of the New Jersey Law Against Discrimination (NJLAD), N.J.S.A. 10:5-1 to -34, and defamation. On appeal, plaintiffs... More...
   $0 (01-10-2009 - NJ)

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