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Pharmacy Law
Will Singleton v. Select Specialty Hospital - Lexington, Inc.

Will Singleton (“Singleton”), who was employed as a Registered Nurse by the appellees (collectively “Select”), appeals from a decision of the district court granting Select’s motion for summary judgment on Singleton’s claim of unlawful retaliation under Title VII of the Civil Rights Act and its Kentucky state-law equivalent.1 Select alleges that it terminated Singleton for numerous and... More...   $0 (08-02-2010 - KY)

Southwest Regional Specialty Hospital v. Mario Perea

Appellant, THI of Texas at Lubbock I, LLC, (THI), d/b/a Southwest Regional Specialty Hospital (Southwest Hospital) appeals from a judgment entered following a jury trial in a medical malpractice action seeking wrongful death and survival damages in favor of Appellees, Max Perea, Mario Perea, Tony Perea, and George Perea (collectively Perea), and the estate of their deceased father, Jacob Perea (Ja... More...   $0 (07-28-2010 - Tx)

Medicine Shoppe Intnl. v. Turner Investments

Medicine Shoppe International, Inc. ("MSI") filed a claim with the American Arbitration Association against Donnie Turner, president of Turner Investments, Inc., and Turner Investments, Inc. (collectively, "Appellants"), for an alleged violation of a franchise agreement between MSI and Appellants. MSI sought, inter alia, lost future profits and future license fees. The arbitrator granted MSI all i... More...   $0 (07-28-2010 - MO)

Mariner Health Care of Nashville, Inc. v. Gladys Robins

Appellee Gladys Robins sued appellant Mariner Health Care of Nashville, Inc. Robins asserted claims for medical malpractice under the Texas Wrongful Death Act and the Texas Survival Statute, alleging that her mother, Betty Battle, suffered injuries and died due to negligent nursing home care. See Tex. Civ. Prac. & Rem. Code Ann. §§ 71.001–.012 (Vernon 2008) (wrongful death action); id. § 71... More...   $0 (07-01-2010 - TX)

Melody Whittemore v. Owens Healthcare - Retail Pharmacy, Inc.

This action involves the Drug Dealer Liability Act (the Act). (Health & Saf. Code, §§ 11700 et seq.)1 It authorizes a user of an illegal controlled substance (and specified others) to recover damages resulting from its use from those who knowingly market the substance. It extends to substances for which a prescription is required. (§§ 11703, subd. l, 11352.) The question tendered is whether a ... More...   $0 (06-22-2010 - CA)

Aaron L. Howard, Jr. v. Walgreen Co.

Walgreen Co. (“Walgreens”) appeals the magistrate judge’s order denying its motion for judgment as a matter of law, Fed. R. Civ. P. 50(b), and its motion for a new trial, Fed. R. Civ. P. 59(a), following entry of judgment in favor of Aaron L. Howard, Jr. on his retaliation claims under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e, et seq., and the Florida C... More...   $0 (05-21-2010 - )

Wendy Gudmundson v. Del Ozone; OzoneSolutions, L.C.; Johnson Controls, Inc.

¶1 This appeal comes from a district court’s grant of summary judgment on Ms. Gudmundson’s claims against third parties for injuries she sustained in the workplace. Ms. Gudmundson, a former employee of the Utah State Prison, claims that ozone exposure from a newly installed ozone-laundry system injured her, causing significant brain injuries.

¶2 Ms. Gudmundson initially sought worke... More...
   $0 (05-14-2010 - )

Susan Eynon Lark v. Montgomery Hospice, Inc.

The parties to this appeal from the Circuit Court for Montgomery County,1 Susan Eynon Lark (Appellant), and Montgomery Hospice Inc. (Appellee), present us with two questions of statutory interpretation.2 We must determine whether a former employee is entitled to assert a wrongful discharge action under the Health Care Worker Whistleblower Protection Act (1) even if he or she never reported to an e... More...   $0 (05-14-2010 - MD)

Heidi Happel v. Walmart Stores, Inc.

Heidi Happel was diagnosed with Multiple Sclerosis in 1990. After the diagnosis, she did not experience any symptoms of the disease until August 1993, when a Walmart pharmacy negligently filled—and Heidi ingested—a prescription with Toradol, a medication to which Heidi was allergic. Heidi believed that the medication, which triggered a severe reaction, was the impetus for a rapid decline in he... More...   $0 (04-28-2010 - IL)

Maria Silva, et al. v. Walgreen Company, et al.

The defendants1 appeal from the trial court’s judgment setting aside the jury’s verdict2 in favor of the plaintiff Maria Silva.3 On appeal, the defendants claim that the court abused its discretion by (1) granting the plaintiff’s motion for additur and (2) ordering a new trial as to damages only. We reverse the judgment of the trial court.

The jury reasonably could have found the foll... More...
   $0 (04-26-2010 - CT)

Steven Philip Kloeris, M.D. and Rajeswari Thisgara Rajan, M.D. v. Charles and Jamie Stockdale

Charles (Chuck) and Jamie Stockdale, individually and as representatives of the estate of Charles Stockdale III, and James and Toren Dukes, as legal guardians of Allyson and Charles Stockdale IV (collectively, the Stockdales), sued Dr. Steven Kloeris and Dr. Rajeswari Rajan for medical malpractice arising out of Charles’s death from a prescription drug overdose. The trial court overruled Dr. Kl... More...   $0 (04-01-2010 - TX)

James L. Alexander v. Thomas J. Cahill

New York’s Appellate Division adopted new rules prohibiting certain types of attorney advertising and solicitation, which were to take effect February 1, 2007. The new rules barred, inter alia, testimonials from clients relating to pending matters, portrayals of judges or fictitious law firms, attention-getting techniques unrelated to attorney competence, and trade names or nicknames that imply ... More...   $0 (03-12-2010 - NY)

Robert Granfield v. CSX Transportation, Inc.

Defendant-appellant CSX Transportation, Inc. ("CSXT") is appealing from the district court's denial of its motion for judgment as a matter of law or a new trial, after a jury awarded $250,000 to plaintiff-appellee Robert Granfield ("Granfield"), based on a finding that CSXT violated both the Federal Employer's Liability Act ("FELA"), 45 U.S.C. § 51 et seq., and the Locomotive Inspection Act ("LIA... More...   $0 (03-12-2010 - MA)

Coyote Publishing, Inc dba High Desert Advocate v. Ross Miller

[A]s long as poverty makes virtue hideous and the spare pocket-money of rich bachelordom makes vice dazzling, [the] daily hand-to-hand fight against prostitution with prayer and persuasion, shelters and scanty alms, will be a losing one.

—George Bernard Shaw, Preface to Mrs.

Warren’s Profession viii (1902)

The American experience with prostitution over the last hundre... More...
   $0 (03-12-2010 - NV)

Rebecca Lockridge v. The University of Maine System

In 2008, Professor Rebecca Lockridge sued her employer, the University of Southern Maine, claiming, among other things, three violations of Title VII (42 U.S.C. § 2000e et seq.): (1) gender discrimination (relating to the denial of a pay raise); (2) retaliation (relating to the denial of her request to move to another office); and (3) hostile work environment (relating to various incidents that o... More...   $0 (03-10-2010 - ME)

Centocor, Inc. v. Patricia Hamilton

Our medical-legal jurisprudence is based on images of health care that no longer exist. At an earlier time, medical advice was received in the doctor's office from a physician who most likely made house calls if needed. The patient usually paid a small sum of money to the doctor. Neighborhood pharmacists compounded prescribed medicines. Without being pejorative, it is safe to say that the prevail... More...   $0 (03-08-2010 - TX)

California Pharmacists Association v. David Maxwell-Jolly

Edmund G. Brown Jr., Attorney General of California, Jennifer M. Kim, Shannon M. Chambers and Randall R. Murphy, Supervising Deputy Attorneys General, and Gregory M. Cribbs, Deputy Attorney General, Los Angeles, California, for defendant-appellant David Maxwell-Jolly. Lloyd A. Bookman, Byron J. Gross, and Jordan B. Keville, Hooper, Lundy & Bookman, Inc., Los Angeles, California, for plaintiffs-app... More...   $0 (03-03-2010 - CA)

Kathleen M. Vasa v. Compass Medical, P.C., & others

We consider the issue whether a claim that a health care provider caused injury to a third party by failing to warn a patient about the effects of medical treatment must be presented to a medical malpractice tribunal (malpractice tribunal). See G.L. c. 231, § 60B. [FN3] We affirm a Superior Court judge's ruling that such claims are subject to the medical malpractice tribunal statute.

1. Fa... More...
   $0 (03-02-2010 - MA)

Sam Ghadrdan v. Alex Gorabi

Defendants and appellants Alex Gorabi and Angelino Men‘s Wear, Inc. (defendants)1 appeal from a monetary judgment entered against them and in favor of plaintiff Sam Ghadrdan (plaintiff) after a jury trial. In the published portion of this opinion, we hold that the trial court did not abuse its discretion when it excluded evidence of a plea agreement and conviction of a corporation, of which plai... More...   $0 (02-26-2010 - CA)

Ralph Clark v. Randalls Food

Appellant, Ralph Clark, appeals a final judgment ordering he take nothing from appellee, Randalls Food (Randalls). In his sole issue, Clark contends the trial court erred by granting Randalls's summary judgment motion because he established that Randalls spoliated evidence. We conclude that the trial court did not abuse its discretion by determining as a matter of law that evidence was not spoliat... More...   $0 (02-26-2010 - TX)

United States of America v. Cardinal Health Pharmacy Services now Cardinal Health Nuclear Pharmacy Services

U.S. Attorney Thomas Scott Woodward announced today that Cardinal Health Pharmacy Services, LLC, a company engaged in providing hospital pharmacy management services, has agreed to pay a civil penalty in the amount of $1 million for failing to account for large amounts of missing prescription drugs.

Cardinal Health Pharmacy Services, LLC, has agreed to pay the civil penalty to settle alle... More...
   $1000000 (02-20-2010 - OK)

Robin L. Galarza v. Louis A. Galarza

¶1 Petitioner/Appellant, Robin Galarza (Mother), seeks review of the trial court's orders (1) denying her request to relocate the parties' minor child (Child), (2) awarding attorney fees to Respondent/Appellee, Louis Galarza (Father), (3) finding Mother guilty of indirect contempt, and (4) terminating joint custody and awarding sole custody to Father. We affirm, finding the trial court properly a... More...   $0 (02-19-2010 - OK)

Robin L. Galarza v. Louis A. Galarza

¶1 Petitioner/Appellant, Robin Galarza (Mother), seeks review of the trial court's orders (1) denying her request to relocate the parties' minor child (Child), (2) awarding attorney fees to Respondent/Appellee, Louis Galarza (Father), (3) finding Mother guilty of indirect contempt, and (4) terminating joint custody and awarding sole custody to Father. We affirm, finding the trial court properly a... More...   $0 (02-19-2010 - OK)

John Dubinsky v. Mermart

John Dubinsky, William Stern, Alvin Siteman, Eldon Schoenberg, David Rasch, and Jack Cregan (“Subordinate Bondholders”) invested in a refinancing venture for a real estate development.

They sued the developer of the project, Mermart, L.L.C. (“Mermart”), alleging breach of contract and demanding equitable 2The Honorable Carol E. Jackson, United States District Judge for the Eastern ... More...
   $0 (02-10-2010 - MO)

Service Employees International Union, Local 5 v. City of Houston

A labor union in Houston, Texas sought permits from the City for parades and rallies in support of a strike. The City gave only partial approval. The union sued, claiming the ordinances under which the permits were processed violated the First Amendment. The district court granted some relief. We proceed slightly further in invalidating the City’s rules than did the district court but leave most... More...   $0 (01-28-2010 - TX)

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