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Pharmacy Law
Chicago District Council of Carpenters Rx, Inc. v. Caremark, Inc. and Caremark RX, Inc.

The Chicago District Council of Carpenters Welfare Fund ("Carpenters") sued Caremark, Inc. and its parent company Caremark Rx, Inc. (collectively "Caremark") for breach of fiduciary duties under 29 U.S.C. § 1106(b) of the Employee Retirement Income Security Act of 1974 ("ERISA").1 The district court determined that Caremark was not an ERISA fiduciary and therefore granted Caremark's motio... More...   $0 (01-22-2007 - IL)

James D. Lond and Linda Still Well-Lind v. Aetna Health, Inc.

The Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, can be a fruitless and thorny ground for plaintiffs, and many seek to avoid it entirely by bringing their insurance claims under state law. The Supreme Court has increasingly circumscribed such state-law claims, however, finding the pre-emptive sweep of ERISA to be so "extraordinary" that it bars all claims of close relation... More...   $0 (11-03-2006 - OK)

Family and Estate of Leonard Kulisek v. Walgreens

Family and Estate of Leonard Kulisek sued Walgreens Pharmacies on a negligence theory for the wrongful death of Mr. Kulisek, age 79, claiming that the defendant negligently allowed a drug-abusing pharmacist to work for it. As a direct result a prescription ordered by Md. Kulisek was filled with the wrong medicine with the result that his blood sugar level plummeted, putting him into a coma... More...   $31000000 (10-03-2006 - IL)

MANDY R., by and through her parents and guardians, Mr. and Mrs. R.; LISA W., by and through her parents and next friends, Mr. and Mrs. W.; STEPHANIE F., by and through her parents and next friends, Mr. and Mrs. F., etc. v. Bills Owens, et al.

Colorado has a waiting list of hundreds of developmentally disabled persons who need but do not receive Medicaid-funded services. Six such persons and an association of providers brought this suit under 42 U.S.C. §1983, claiming that the State of Colorado has failed to comply with three requirements of the Medicaid Act, namely reasonable promptness, comparability, and sufficient payments. Afte... More...   $0 (09-22-2006 - CO)

James M. Abraham v. Intermountain Health Care,Inc.

This appeal is the result of certain Utah optometrists' decade-long effort to become panel providers for the largest managed health care company in the state. In 2001, the optometrists ultimately filed suit against Intermountain Health Care, Inc. ("IHC") and others, alleging that IHC's exclusion of optometrists from its network of providers violates §§ 1 and 2 of the Sherman Act. The District C... More...   $0 (09-13-2006 - UT)

James M. Abraham v. Intermountain Health Care,Inc.

This appeal is the result of certain Utah optometrists' decade-long effort to become panel providers for the largest managed health care company in the state. In 2001, the optometrists ultimately filed suit against Intermountain Health Care, Inc. ("IHC") and others, alleging that IHC's exclusion of optometrists from its network of providers violates §§ 1 and 2 of the Sherman Act. The District Cou... More...   $0 (09-06-2006 - UT)

Renee and Christopher Mirante, individually and as the parents of Madeline Mirante v. Bonneville's Pharmacy

Renee and Christopher Madeline Mirante sued Bonneville's Pharmacy in Putnam, Connecticut on a negligence theory claiming that the pharmacy negligently filled a prescription phoned to the pharmacy by the child's doctor for Prilosec with Prozac. Madeline, who was 11-months-old, became severely ill and was hospitalized for five days.

Defendant admitted liability but contested Plaintiff... More...   $350000 (07-13-2006 - CT)

Robert Ortiz v. Andrew Collins, Tim Welsh and Jerel S. Twyman

The trial court granted summary judgment against appellant Robert Ortiz on all of his claims against appellees Andrew Collins, Tim Welsh, and Jerel S. Twyman. In four issues, Ortiz claims the trial court erred in dismissing his claims. In one cross issue, Collins and Welsh challenge this court=s appellate jurisdiction.[1] We affirm in part and reverse and remand in part.

... More...   $0 (07-07-2006 - TX)

Sharon Kennedy, as Administrator of the Esatte of Ralph G. Studzinski v. Medtronic, Inc.

Plaintiff, Sharon Kennedy, as administrator of the estate of her father, Ralph G. Studzinski, brought this negligence action seeking damages for the alleged injury and wrongful death of her father following the implantation of a cardiac pacemaker and lead manufactured by defendant, Medtronic, Inc. The trial court granted Medtronic's motion for summary judgment.

The following f... More...   $0 (06-22-2006 - IL)

Alysa S. v. Doe Hospital; Claude T.H. Friedman, M.D.

On April 23, 2003, plaintiff was admitted to Doe Hospital on a 72-hour hold due to an attempted suicide. Four days prior to plaintiff's admission to Doe Hospital, April 19, 2003, Guichard was first transferred from the Los Angeles County Jail to Los Angeles County Harbor UCLA Medical Center, and then to Doe Hospital. Guichard was continued on a 72-hour hold after being transferred from the Lo... More...   $635000 (05-04-2006 - CA)

ARP Pharmacy Services, Inc. v. Gallagher Bassett Services, Inc.

In this case, we conclude that the reporting requirement in Civil Code section 2527 violates the free speech rights of prescription drug claims processors. We also conclude the court properly granted respondents' special motion to strike and did not abuse its discretion in the award of attorney fees.

Factual and Procedural Summary

Section 2527, subdivision (b)1 defines a prescription... More...   $0 (04-28-2006 - CA)

Morgan Jackson, a Minor, etc. v. Churphena Reid and Affiliated Urology Specialists, Ltd. and the Methodist Medical Center of Illinois

In December 2004, plaintiffs, Morgan Jackson, by her parents Ken Jackson and Jody Jackson, and Ken and Jody individually (collectively the Jacksons), filed a medical-malpractice complaint against defendants, Churphena Reid and Affiliated Urology Specialists, Ltd., in McLean County circuit court. In January 2005, Reid and Affiliated Urology filed a motion to transfer the case from McLean County ... More...   $0 (01-15-2006 - IL)

Ohio State Teachers Retirement System v. Medco Health Solutions Inc. and Merck & Co.

The Ohio State Teachers Retirement System sued Medco Health Solutions Inc. and Merck & Co. for fraud claiming that the defendants overcharged for medications provided to the plaintiff's members. Medco provided pharmacy benefit services for the teachers retirement system until 2001.

Medco denied that it breached its contract with the plaintiffs. ... More...   $7815000 (12-19-2005 - OH)

Pharmaceutical Care Management Association v. G. Steven Rowe, in his offical capacity as Attorney General of the State of Maine

Per Curiam. The panel unanimously affirms the district court's grant of summary judgment for defendant on all claims. On the ERISA preemption, due process, and Commerce Clause issues, the panel unanimously adopts Judge Torruella's reasoning. As to the association standing, Takings Clause, and First Amendment issues, the joint concurring opinion of Chief Judge Boudin and Judge Dyk represents the... More...   $0 (11-11-2005 - ME)

Brent McNutt, for the use and benefit of United States of America, ex rel. v. Haleyville Medical Supplies, Inc., et al.

The question in this interlocutory appeal is whether a violation of the Anti- Kickback Statute can form the basis for a qui tam action under the False Claims Act. Gerald and Frances Burleson routinely provided medical services for which they submitted claims for reimbursement to Medicare, and each year, the Burlesons certified that they complied with the Anti-Kickback Statute. Because it i... More...   $0 (09-15-2005 - AL)

Terry Staskal and Teressa Staska v. Symons Corporation, et al.

This action arises out of the collapse of two sections of concrete form work that occurred while concrete was being poured to form the fourth floor of the University of Wisconsin-Madison pharmacy building. Terry Staskal, a construction worker employed by the general contractor, Kraemer Brothers, LLC, was seriously injured. He and his wife sued the manufacturer of the concrete forming system, Sy... More...   $23821610 (09-02-2005 - WI)

Chez Douglas v. Pamela Dobbs, et al.

Chez Douglas brings this 42 U.S.C. § 1983 action alleging that her right to privacy was violated by a police search of her pharmacy prescription records executed pursuant to a court order. The district court granted summary judgment for defendants, finding that Douglas's right to privacy had not been violated, and that defendants were entitled to qualified immunity. On appeal we must decide whe... More...   $0 (08-18-2005 - NM)

Richard Tisdale v. Federal Express Corp.

In this case, Defendant-Appellant, Federal Express Corporation ("FedEx"), appeals a jury verdict in favor of Plaintiff-Appellee, Richard Tisdale ("Tisdale") as well as the award of $100,000 in punitive damages. The jury found that FedEx violated Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e, by terminating Tisdale in retaliation for his complaints about racially... More...   $100000 (07-15-2005 - TN)

Naomi Olsen and Tom Olsen v. Paul Mapes and Robert Babcock

Tom and Naomi Olsen brought a pro se civil action against attorney Robert Babcock and Administrative Law Judge Paul Mapes.(1) In a Second Amended Complaint filed without permission of the court, the Olsens attempted to add the New Mexico Board of Pharmacy (Board) as a defendant. The claims against Mr. Babcock were dismissed for lack of in personam jurisdiction. The claims against Judge Mapes we... More...   $0 (07-01-2005 - NM)


This personal injury case stems from a horrific accident in which plaintiff-appellant Daniel Smith was badly burned while attempting to light a propane water heater in his basement, allegedly due to a faulty control valve. Smith sued the company that made the control (Robertshaw Controls Company), the company that made the water heater (American Water Heater Company), and the company that suppl... More...   $0 (05-31-2005 - MA)

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)

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