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Pharmacy Law
JUANITA SULLIVAN, Indiv. and as Special Adm'r of the Estate of Burns Sullivan, Deceased v. EDWARD HOSPITAL et al.

Plaintiff, Juanita Sullivan, individually and as special administrator of the estate of Burns Sullivan (Burns), brought a medical malpractice action in the circuit court of Du Page County. Plaintiff named as defendants Edward Hospital (the hospital) and Dr. Amelia Conte-Russian. Plaintiff claimed that the hospital, through one of its nurses, and Dr. Conte-Russian were negligent in the care and ... More...   $0 (02-11-2004 - IL)


1 Pursuant to the Uniform Certification of Questions of Law Act, 20 O.S.2001, §§ 1601-1611, the United States Court of Appeals for the Tenth Circuit on its own motion certified the following question of Oklahoma law:

Whether Blake Bogdahn was a person insured under the uninsured motorist provisions of the American Economy policy issued to Hillcrest Pharmacy, Inc. as the named insured? More...   $0 (02-10-2004 - OK)

Teresa Johnson v. Missouri Board of Nursing Administrators

Appellant Teresa Johnson ("Johnson") appeals a judgment of the Circuit Court of Cole County upholding the decision of the Administrative Hearing Commission ("AHC") that Johnson's license to practice as a professional nursing home administrator in Missouri was subject to discipline by the Missouri Board of Nursing Home Administrators (" Board") and upholding the order of the Board revoking Johns... More...   $0 (01-30-2004 - MO)

State ex rel. Cynthia Denise Ryan v. David Alan Ryan.

David Ryan ("Father") was adjudged to be in contempt of court for failing to pay child support arrearage of $1,048.80. The court used the arrearage determination made by the Missouri Division of Child Support Enforcement ("Division") in an order dated November 30, 1994, to arrive at the arrearage amount. The court rejected the State's claim that an arrearage of $18,598.80 was the figure that shoul... More...   $1049 (01-26-2004 - MO)

Smith v. SBC Communications, Inc.

In Weinberg v. Sprint Corp., 173 N.J. 233 (2002), we concluded that the filed rate doctrine effectively barred plaintiffs from seeking monetary and injunctive relief against telecommunications carriers under the Consumer Fraud Act, N.J.S.A. 56:8-1 to 20, because the doctrine precluded plaintiffs from pleading a claim of ascertainable loss capable of surviving a motion for summary judgment. In thi... More...   $0 (01-26-2004 - NJ)

Weinman v. Fidelity Capital Appreciation Fund

In these appeals, we consider for a second time challenges to the settlement of a defendant class action arising out of the 1992 bankruptcy of Integra Realty Resources, Inc. ("Integra"). See Weinman v. Fid. Capital Appreciation Fund (In re Integra Realty Res., Inc.), 262 F.3d 1089 (10th Cir. 2001) ("Integra I"). The appellants contend that the district court erred in approving the class settleme... More...   $0 (01-16-2004 - CO)

Ridgecrest Retirement & Healthcare d/b/a Ridgecrest Retirement Center, Ltd. v. Darlyn Jill Urban, Individually, and as Representative of the Estate of Donald G. Marker, et al.

Plaintiffs/appellees, Darlyn Jill Urban, individually, and as representative of the estate of Donald G. Maker, and Richard J. Maker, individually, sued defendant/appellant, Ridgecrest Retirement & Healthcare d/b/a Ridgecrest Retirement Center, Ltd. ("Ridgecrest"), for negligence in its care of Donald G. Maker ("Maker"). A jury returned a verdict awarding $999,999.99 to Maker's estate, but foun... More...   $0 (01-08-2004 - TX)

Christopher Gibson v. Mayor and Council of the City of Wilmington, et al.

Plaintiff Christopher Gibson ("Gibson"), a ten year veteran of the Wilmington, Delaware Police Department ("WPD") who was discharged for making dishonest statements to his supervising officers, appeals the District Court's sua sponte grant of summary judgment on the grounds that the regulation pursuant to which he was discharged, WPD Directive 7.3D, the "Honesty Directive," was vague and ... More...   $0 (01-08-2004 - DE)

State of Kansas v. Edward L. Atkinson a/k/a Eddie Atkins

Edward Atkinson was convicted, following a jury trial, of rape under K.S.A. 21-3502(1)(a). On direct appeal, Atkinson argues the trial court erred in applying the Kansas rape shield statute, K.S.A. 21-3525, in a manner which violated his rights under the Due Process and Confrontation Clauses of the United States and Kansas constitutions. The district court prohibited Atkinson from cross-examini... More...   $0 (12-19-2003 - KS)

In Re The Marriage of Wendy May Walker and John Leland Walker II

Wendy Walker n/k/a Wendy Meinhold appeals the district court's decree dissolving the parties' marriage. She contends the district court erred when it: (1) awarded primary care of the parties' minor child to John; (2) failed to make an equitable distribution of the parties' property; and (3) ordered her to pay $3000 toward John's trial attorney fees. Wendy alternatively argues the district cou... More...   $0 (11-04-2003 - IA)

Jeanne Schaerrer v. Stewart's Plaza Pharmacy, Inc., et al.

In June 1995, Schaerrer met with her physician, Dr. Jeffrey W. Johnson, who prescribed fenfluramine and phentermine as a weight loss measure. Schaerrer took fenfluramine and phentermine as prescribed from June 1995 through June 1997. She was originally prescribed twenty-milligram fenfluramine tablets to be taken three times daily and a generic phentermine capsule to be taken once daily. Schaerr... More...   $0 (10-27-2003 - UT)

State of Missouri ex rel. Rochell Moore and Amy L. Hilgemann v. Harold Brewster and the Board of Education of the City of St. Louis.

Appellants/cross-respondents, Harold Brewster ("Brewster") and the Board of Education of the City of St. Louis ("the Board") appeal from the judgment, after a bench trial, of the Circuit Court of the City of St. Louis pursuant to a petition in mandamus seeking enforcement of the Sunshine Law, chapter 610, et seq., RSMO 2000, (FN1) which was later amended and supplemented by a petition invoking sec... More...   $11200 (07-29-2003 - MO)

Donna Kubitz, et al. v. David B. Winkles, et al.

Pharmacy negligence wrongful death claim by family of Bruce Kubitz, who committed suicide after taking Darvocet and butalbital which plaintiffs claimed was not authorized by Mr. Kubitz's physician.

Defendant claimed that he contacted the doctor's office to verify that the medications could be dispensed to Mr. Kubitz but could not produce computer records to show that records were kept contempora... More...   $200000 (07-16-2003 - FL)

Katherine Fisher, et al. v. Oklahoma Health Care Authority, et al.

Plaintiffs, three disabled individuals receiving state-funded medical care as part of Oklahoma's Home and Community-Based Services ("HCBS") Waiver Program, the "Advantage Program," ask us to decide whether the defendants, the Oklahoma Health Care Authority ("OHCA")--the state agency that administers the Medicaid program for Oklahoma--and Mike Fogarty, in his official capacity as CEO of the OHCA... More...   $0 (07-16-2003 - OK)

Shire US, Inc. v. Barr Laboratories, Inc.

This matter comes on before this court on appeal from an order entered August 27, 2002, denying appellant Shire U.S. Inc.'s ("Shire") application for a preliminary injunction in its case against Barr Laboratories, Inc. ("Barr") charging Barr with trade dress infringement and trade dress dilution under sections 43(a) and (c) of the Lanham Act, 15 U.S.C. §§ 1125(a) and (c), and state unfair... More...   $0 (05-28-2003 - NJ)

Lang v. Wal-Mart Stores, Inc.

Pharmacy negligence claim on behalf of 4-year-old Taylor Lan whose prescription for Guaifsenesin, an expectorant, by his pediatrician, was negligently filled by a Wal-Mart Pharmacy with Grifulvin, an anti-fungal agent. He child developed severe diarrhea, stomach cramps and lethargy and showed elevated liver enzymes for a time. ... More...   $175000 (04-18-2003 - MO)

Psychiatric Healthcare Corporation of Missouri d/b/a Lakeland Regional Hospital v. Department of

This appeal arises from a judgment by the Cole County Circuit Court reversing the decision of the Administrative Hearing Commission ("Commission"). The Commission ruled that the Missouri Department of Social Services, Division of Medical Services ("the Division") could recoup payments previously made to Psychiatric Healthcare Corporation ("Hospital") for medical care and treatment of Medicaid b... More...   $0 (04-01-2003 - MO)

Eller Media Company Vs. City of Houston, Texas

The opinion issued on October 25, 2001 is withdrawn, and this opinion is issued in its place.

Appellant, Eller Media Company, and several other outdoor advertising plaintiffs sued appellee, the City of Houston, challenging the validity of the amended Houston Sign Code and alleging, among other things, a taking without compensation in violation of the Texas and United States Constitutions,... More...   $0 (03-06-2003 - TX)

In Re Fort Worth Children's Hospital d/b/a Cook Children's Medical Center

This original proceeding involves a discovery dispute. Relator Fort Worth Children's Hospital d/b/a Cook Children's Medical Center (Cooks) seeks mandamus relief from the trial court's October 18, 2002 order requiring it to produce (a) the names and "face sheets" of all infants who received the vitamin supplement E-Ferol while patients at Cooks in 1984 and (b) the names of those patients' parents. ... More...   $0 (02-28-2003 - TX)

The Taubman Company v. Webfeats, et al.,

Defendant-Appellant Henry Mishkoff, d/b/a Webfeats, appeals from two preliminary injunctions, respectively entered on October 11, 2001, and December 7, 2001, in the United States District Court for the Eastern District of Michigan, together granting Plaintiff-Appellee the Taubman Company's (Taubman) request to prevent Mishkoff from using six internet domain names because they likely violate Taubma... More...   $0 (02-07-2003 - MI)

James R. Millsap, et al. v. McDonnell Douglas Corporation


Class counsel submit this memorandum in support of the parties' joint motion for an order preliminarily approving the Stipulation of Settlement ("Settlement"). Class counsel also seek approval of the proposed notices of settlement to the Class and request the Court schedule a date for a ... More...   $36000000 (02-04-2003 - OK)

State of Tennessee v. CVS Corporation

Consumer fraud claims by eighteen states and the District of Columbia against the CVS drug store chain relating to the practice of partially-filling prescription occurs when a pharmacy doesn't have the full amount of medication but charges the patient for the full prescription. The alleged billing practices took place prior to 1998, at which time CVS instituted procedures to address the industrywi... More...   $1100000 (01-29-2003 - TN)

Bankone Milwaukee v. Eduardo Sanchez, et al.

Plaintiff, Aida Sanchez, appeals from the judgment of the circuit court of Kane County denying her claims against defendants Ernesto Ponce and Don McCue Chevrolet-Geo, Inc. Aida alleged that McCue and Ponce violated the Consumer Fraud and Deceptive Business Practices Act (Act) (815 ILCS 505/1 et seq. (West 1998)) in two ways. First, she asserted that defendants forged her signature as a cosigner o... More...   $0 (01-22-2003 - IL)

The Tool Box, a Utah corporation v. Ogden City Corporation, a Utah municipal corporation

Tool Box, Inc., operator of a nude dancing establishment, appeals from a grant of summary judgment in favor of Ogden City Corporation, whose review board used an industrial park's protective covenants to prevent the establishment from operating in an area zoned for sexually oriented businesses.

Nude dancing qualifies as expressive conduct that "falls within the outer ambit of the First Amen... More...   $0 (01-22-2003 - UT)

Donna S. Sheehan v. Northwestern Mutual Life Insurance Company

Appellant is the beneficiary of a life insurance policy issued by Northwestern in December 1996, on the life of Thomas Sheehan, Appellant's husband (Decedent). Decedent engaged Christopher Wright (Wright) as his insurance agent to procure the policy. Wright was an insurance agent for the John M. Qualy Agency and the Sheehans' family friend. Wright had previously purchased various insurance policie... More...   $0 (12-12-2002 - MO)

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