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Pharmacy Law
Lisa King v. Sue Kramer

John P. King died while incarcerated at the infirmary in the jail operated by La Crosse County, Wisconsin. King’s widow, Lisa King, brought an action under 42 U.S.C. § 1983 against five defendants: Officer William Olson, Officer Jennifer Koby-Gobel, Nurse Sue Kramer, Nurse Karen Mondry-Anderson, and La Crosse County. For the reasons discussed below, we affirm in part and reverse in part the dis... More...   $0 (05-25-2012 - WI)

Susan Schaefer-LaRose v. Eli Lilly & Company

These two cases, which we have consolidated for opinion, involve the application of the outside sales and administrative exemptions of the Fair Labor Standards Act (“FLSA” or the “Act”), 29 U.S.C. §§ 201-19, to pharmaceutical sales representatives employed by Eli Lilly & Co. (“Lilly”) and Abbott Laboratories, Inc. (“Abbott”). The plaintiffs in each case claim that, during their t... More...   $0 (05-08-2012 - IN)

American Civil Liberties Union of Illinois

The Illinois eavesdropping statute makes it a felony to audio record “all or any part of any conversation” unless all parties to the conversation give their consent. 720 ILL. COMP. STAT. 5/14-2(a)(1). The statute covers any oral communication regardless of whether the communication was intended to be private.

Id. 5/14-1(d). The offense is normally a class 4 felony but is elevated t... More...   $0 (05-08-2012 - IL)

United States v. Abbott Laboratories

Global Health Care Company Abbott Laboratories Inc. has pleaded guilty and agreed to pay $1.5 billion to resolve its criminal and civil liability arising from the company’s unlawful promotion of the prescription drug Depakote for uses not approved as safe and effective by the Food and Drug Administration (FDA), the Justice Department announced today. The resolution – the second largest paymen... More...   $0 (05-08-2012 - VA)

United States of America v. Thomas Bader

Defendant-Appellant Thomas Bader appeals his convictions of distribution of human growth hormone (“HGH”), conspiracy to knowingly facilitate and knowingly facilitating the sale of HGH brought into the United States contrary to law, and conspiracy to possess with intent to distribute a controlled substance (testosterone cypionate). He asks this court to reverse his convictions or, at a minimum,... More...   $0 (05-03-2012 - CO)

Lawrence Hecimovich v. Encinal School Parent Teacher Organization

A recent Google search for ―youth sports‖ showed 379,000,000 results. ―Safety in youth sports,‖ 66,800,000. ―Problem parents in youth sports,‖ 21,600,000. And ―problem coaches in youth sports,‖ 108,000,000. Subjects of tremendous interest.

Plaintiff Lawrence Hecimovich, by profession an attorney, was in 2008-2009 the volunteer basketball coach of a fourth grade basketball te... More...
   $0 (02-09-2012 - CA)

United States of America v. Rick Glen Strandlof aka Rick Duncan

Appellant Rick Strandlof was charged under the Stolen Valor Act, 18 U.S.C. § 704(b), which makes it illegal to falsely claim to have received a military award or honor. We must decide whether the Act is constitutional. Answering this question requires us to determine whether, and to what extent, the First Amendment prohibits Congress from punishing knowingly false statements of fact.

Reaso... More...
   $0 (01-27-2012 - Co)

John Doe v. City of Albuquerque

This appeal presents us with a difficult issue of first impression. John Doe, a registered sex offender, brought a facial challenge under the First and Fourteenth Amendments to a ban enacted by the City of Albuquerque that prohibited registered sex offenders from entering the City’s public libraries. The district court denied a motion to dismiss brought by the City and ultimately granted summary... More...   $0 (01-20-2012 - NM)

Kevin Bonner v. Marc Glassman, Inc.

{¶ 1} In this personal injury action, plaintiff-appellant Kevin Bonner appeals from the trial court order that granted summary judgment on his negligence claim to defendants-appellees Marc Glassman, Inc. (“Marc’s”) and The American Bottling Co. (“ABC”).

{¶ 2} Bonner presents one assignment of error, arguing summary judgment on his claim against the appellees was unwarranted on t... More...
   $0 (01-12-2012 - OH)

Timothy C. Rader v. Werner Enterprises, INc.

Werner Enterprises (Employer) appeals the final order of the Labor and Industrial Relations Commission (Commission) granting Timothy Rader (Claimant) weekly permanent total disability benefits and future medical costs as a result of the injury he sustained working for Employer on May 29, 2003. Employer claims the Commission erred in finding that: (1) the Commission had jurisdiction over Claimant... More...   $0 (01-10-2012 - MO)

The Estate of Kamerlyn L. Kunder v. Illinois Valley Community Hospital

¶ 1 Plaintiffs, Dustin Kundert and Krista Grady, brought this medical malpractice suit on behalf of their deceased child, Kameryn Kundert, and his estate against defendant, Illinois Valley Community Hospital (Illinois Valley). The circuit court of La Salle County dismissed the action pursuant to section 2-615 of the Illinois Code of Civil Procedure (the Code). 735 ILCS 5/2-615 (West 2008). Plaint... More...   $0 (01-10-2012 - IL)

Quality Infusion Care, Inc. v. Health Care Service Corporation d/b/a Blue Cross and Blue Shield of Texas

Quality Infusion Care, Inc. seeks reversal of the trial court’s summary judgment in favor of appellees Health Care Service Corporation d/b/a Blue Cross and Blue Shield of Texas, Howard King, and Hill & Finkel, L.L.P. in Quality’s suit against them for tortious interference with contract, negligence per se, and business disparagement. In two issues, Quality contends that (1) there is no eviden... More...   $0 (12-29-2011 - TX)

Lillie Perry v. Rick Bradley and Brookshire Grocery Company

Lillie Perry appeals the trial court’s orders dismissing her health-care liability claim against Rick Bradley, a pharmacist, and Brookshire Grocery Company, Bradley’s employer, which Perry sued under respondeat superior. Perry sued Bradley and Brookshire for negligently misfilling her prescription. She timely served two expert reports. One report was by Michael A. Horseman, a pharmacist, and i... More...   $0 (12-22-2011 - TX)

Edward J. Hanssen v. Genesis Health System

Edward and Connie Hanssen contend the district court was wrong in finding they waited too long to file their medical malpractice lawsuit against Genesis Health Systems (Genesis or the hospital). The Hanssens ask us to reverse the grant of summary judgment, urging that a genuine issue of material fact exists regarding both the date they knew about Edward’s injury and its cause, as well as whether... More...   $0 (12-21-2011 - IA)

Susan Bizier v. Town of Turner

[¶1] Susan Bizier and Philip Bizier appeal from the Superior Court’s (Androscoggin County, Clifford, J.) affirmance pursuant to M.R. Civ. P. 80B (2011) of the Town of Turner Planning Board’s decision to grant Hannaford Bros. Co.’s application for a site plan review permit to construct a grocery store and drive-through pharmacy. The Biziers argue the Board erred in concluding that Hannaford... More...   $0 (11-22-2011 - ME)

Dorothy King v. Virginia Betts

The Tennessee Department of Mental Health operates five regional mental health institutes in Tennessee. The Middle Tennessee Mental Health Institute (“MTMHI”) is a facility in Nashville with the capacity to serve 245 patients. All of MTMHI’s patients are involuntarily admitted, which means they have been found to “pose[ ] an immediate substantial likelihood of serious harm . . . because of... More...   $0 (11-18-2011 - TX)

Gilberto Hernandez v. Schering Corporation

¶ 1 The plaintiffs, Gilberto Hernandez and his wife, Ruth Elizondo, filed a complaint against
the defendants, Schering Corporation, Schering-Plough Corporation (collectively Schering) and
Victoria McGill, R.N., (hereinafter Nurse McGill)1 seeking damages for bodily injuries
stemming from Mr. Hernandez's use of PEG-Intron, a drug manufactured and sold by Schering.
The circuit court... More...
   $0 (11-09-2011 - IL)

City of Laredo v. Gilbert Buenrostro

Appellee Gilbert Buenrostro was employed by The City of Laredo for fifteen years as a police officer in the Laredo Police Department. The City terminated appellee’s employment, and following an administrative hearing before the Firefighters’ and Police Officers’ Civil Service Commission (the “Commission”), the Commission upheld the City’s decision. Appellee appealed to the district cou... More...   $0 (10-26-2011 - TX)

McKesson Medication Management, LLC v. Amanda Slavin

McKesson Medical Management, LLC (“McKesson”) appeals from a final judgment in favor of Amanda Slavin on a theory of negligence, claiming that the trial court erred in denying its motion for a directed verdict. Because we agree that Slavin’s claim against McKesson failed as a matter of law, we reverse. We also find no merit in Slavin’s cross-appeal.1

McKesson provided pharmacy servi... More...
   $0 (10-14-2011 - FL)

John Doe v. Buccini Pollin Group, Inc. d/b/a PM Hospitality Strategies, Inc.

This appeal presents the question of whether an injury suffered by appellant at the hands of a third party was “directed against [him] in the course of” his employment. John Doe, appellant, appeals from the decision of the Circuit Court for Baltimore City that reversed an award of benefits made by the Workers’ Compensation Commission. In this workers’ compensation case, appellant raises tw... More...   $0 (10-03-2011 - MD)

Gilberto Hernandez v. Schering Corporation

¶ 1 The plaintiffs, Gilberto Hernandez and his wife, Ruth Elizondo, filed a complaint against
the defendants, Schering Corporation, Schering-Plough Corporation (collectively Schering) and
Victoria McGill, R.N., (hereinafter Nurse McGill)1 seeking damages for bodily injuries
stemming from Mr. Hernandez's use of PEG-Intron, a drug manufactured and sold by Schering.
The circuit court... More...
   $0 (09-30-2011 - IL)

Derrick McCants v. Wackenhut Corporation

Derrick McCants, individually and as representative of the Estate of Shannon McCants sued Wackenhut Corporationon a negligence theory seeking compensation for the wrongful death of Shannon on November 20, 2006 at a Jacksonville, Florida hospital. Shannon Cants, a supervising pharmacist at Shands Medical Center in Jacksonville, was killed by Brenda Coney. Wackenhut was responsible for security at... More...   $0 (09-29-2011 - FL)

Johnie S. Adams v. CVS Pharmacy, Inc.

Johnie S. Adams sued CVS Pharmacy, Inc., Hiland Dairy Company, Hiland Dairy Foods Company, LLC and Prarie Farms Dairy on premises liability theories claiming he was a business invitee at a CVS Pharmacy store in Oklahoma City on June 18, 2008 and he slipped and fell as a result of water than had accumulated in front of a freezer in the store and was injured.

Defendants generally denied all o... More...
   $1 (09-07-2011 - OK)

Derrick M. Myers v. Kathy Keegan

This interlocutory appeal concerns the adequacy of an expert report under standards that apply to health care liability claims. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(10) (West 2008); § 74.351 (West 2011). Dr. Derrick Myers requested that the trial court dismiss the health care liability claim filed against him by Kathy Keegan, individually and as independent executrix of the estate of... More...   $0 (08-31-2011 - TX)

State of OKlahoma v. Julia Isadora Davis

¶1 Appellees, Julia Isadora Davis, James Robert Lemmons and Curtis Dwayne Pradia, were each charged in the District Court of Payne County, with the misdemeanor crime of Purchasing in Excess of Nine Grams of Pseudoephedrine Within a Thirty Day Period in Case Nos. CM-2010-333, CM-2009-1789 and CM-2009-1795, respectively. Pradia and Davis filed Demurrers to the Information and Motions to Dismiss. Le... More...   $0 (08-30-2011 - OK)

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