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Pharmacy Law
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)

Paul Dowhal v. Smithkline Beecham Consumer Healthcare, et al.

1 Plaintiff filed this action to challenge the failure of defendants to place health warnings mandated by California's Proposition 65 on products containing nicotine sold over the counter as aids to stop smoking. The trial court granted summary judgment to defendants, ruling that in this setting the requirements of Proposition 65 were impliedly preempted by the federal Food, Drug, and Cosm... More...   $0 (04-18-2004 - CA)

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)

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