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Pharmacy Law
West Virginia Medical Imaging and Radiation Therapy Technology Board of Examiners v. Kenneth A. Harrison

The West Virginia Medical Imaging and Radiation TherapyTechnologyBoard of Examiners (“Board” or “Appellant”) appeals the March 26, 2010, order of the Circuit Court of Monongalia County, which reversed the Board’s Final Administrative Order suspending for two years Appellee Kenneth A. Harrison’s license to practice medical imaging and radiation therapy technology in the State of West Vi... More...   $0 (05-26-2011 - WV)

Cathy M. Walton v. Bayer Corporation

The plaintiff, a citizen of Illinois, brought suit in an Illinois state court against a number of Bayer affiliates, all citizens of states other than Illinois, plus Niemann Foods, Inc., an Illinois citizen. The suit charges the defendants with violating Illinois tort law by failing to warn of dangerous side effects of Yazmin, a prescription oral-contraceptive drug manufactured by a German affiliat... More...   $0 (05-23-2011 - IL)

Cathy M. Walton v. Bayer Corporation, et al,

The plaintiff, a citizen of Illinois, brought suit in an Illinois state court against a number of Bayer affiliates, all citizens of states other than Illinois, plus Niemann Foods, Inc., an Illinois citizen. The suit charges the defendants with violating Illinois tort law by failing to warn of dangerous side effects of Yazmin, a prescription oral-contraceptive drug manufactured by a German affiliat... More...   $0 (05-23-2011 - IL)

State of West Virginia ex rel Darrell V. McGraw, Jr. v. CVS Pharmacy

The State of West Virginia, by its Attorney General, commenced this action in state court against CVS Pharmacy, Inc., and five other pharmacies (collectively, the "Pharmacies"), alleging that the Pharmacies sold generic drugs to West Virginia consumers without passing along to the consumers the cost savings of generic drugs over brand name equivalents, in violation of West Virginia Code § 30-5-12... More...   $0 (05-20-2011 - WV)

Greg Kuebel v. Black & Decker, Inc.

Plaintiff-Appellant Greg Kuebel appeals from a judgment of the United States District 12 Court for the Western District of New York (Telesca, J.) granting summary judgment for 13 Defendant-Appellee Black & Decker (U.S.) Inc. (“B&D”). Kuebel sues on behalf of himself and 14 other similarly situated current and former B&D employees, asserting three sets of claims under 15 the Fair Labor Standard... More...   $0 (05-05-2011 - NY)

Rainbow Management of Hillsborough, Inc. v. Monserrato Trevino

In this interlocutory, accelerated appeal, appellant, Rainbow Hospitality, LLC (“Rainbow”), a North Carolina company, appeals the denial of its special appearance in the underlying premises liability suit filed in Hidalgo County by appellee, Monserrato Trevino. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(7) (Vernon 2008) (providing for appeals from interlocutory orders granting or denyi... More...   $0 (04-29-2011 - TX)

Stanley Stevenson II v. Independence Coal Company, Inc.

This action is before this Court upon the appeal of Independence Coal Company, Inc., (hereinafter “Independence”) from two orders of the Circuit Court of Boone County entered on September 22, 2009, denying Independence’s renewed motion for judgment as a matter of law or, in the alternative, for a new trial. The orders were entered following a jury verdict finding Independence negligent and a... More...   $0 (04-28-2011 - WV)

Dr. Penny M. Wilkie v. United States Department of Health and Human Services

Dr. Penny M. Wilkie filed suit against the United States Department of Health and Human Services ("the Department"), alleging, inter alia, that the Department violated her rights under Title VII of the Civil Rights Act of 1964. Specifically, Dr. Wilkie asserted that the Department violated her rights to (1) be free of sexual harassment and gender discrimination; (2) be free of a hostile work envir... More...   $0 (04-28-2011 - ND)

Humble Emergency Physicians, P.A. v. Memorial Hermann Healthcare System, Inc.

Appellant, Humble Emergency Physicians, P.A. (“Humble”), challenges the trial court’s rendition of summary judgment in favor of appellees, Memorial Hermann Healthcare System, Inc. (“Memorial”), TeamHealth, Inc. (“TeamHealth”), ACS Primary Care Physicians-Southwest, P.A. (“ACS”), and THW Emergency Management of Houston, Inc. (“TH West”), in Humble’s suit against Memorial for... More...   $0 (04-21-2011 - TX)

Randall Motzer v. Edward Haberli

The plaintiff, Randall Motzer, appeals1 from the judgment of the trial court rendered in favor of the defendants, Edward Haberli and E. Haberli Electric, LLC, following the trial court’s decision to grant the defendants’ motion for a directed verdict. In granting the motion, the trial court concluded, inter alia, that the plaintiff’s claims were barred by the exclusivity provision of the Wor... More...   $0 (04-20-2011 - CT)

E. James Spahr v. Ferber Resorts, L.L.C. d/b/a Rodeway Inn & Suites

Defendant-Appellant Ferber Resorts, LLC (“Ferber Resorts”) appeals from a judgment on a jury verdict awarding $393,001.45 to Plaintiff-Appellee James Spahr on his negligence claim and $42,498.55 to Plaintiff-Appellee Colleen Spahr, his wife, for loss of consortium. After trial, Ferber Resorts unsuccessfully moved for judgment as a matter of law or, in the alternative, a new trial or remittitur... More...   $0 (03-23-2011 - UT)

Lisa M. Blair v. Vandalia United Methodist Church

{¶ 1} Plaintiff-appellant Lisa M. Blair appeals from a decision of the Montgomery County Court of Common Pleas, General Division, sustaining defendant-appellee Vandalia United Methodist Church’s (hereinafter “VUMC”) motion for summary judgment. VUMC filed its motion for summary judgment on September 25, 2009. On May 5, 2010, the trial court filed a written decision sustaining said motion. B... More...   $0 (02-25-2011 - OH)

Ida Lou Buchanan v. Dr. William O'Donnell

Appellant, Ida Lou Buchanan, Individually and as Representative of the Estate of Wilbur Buchanan, Deceased, appeals from the trial court’s order dismissing her claims against appellees, Dr. William O’Donnell, Dr. Robert R. Murray, Jr., and Hill Country Imaging Associates, P.A. (HCIA), and awarding appellees attorneys’ fees. We affirm.


Appellant and he... More...
   $0 (02-23-2011 - TX)

Michael Shane Christopher v. SmithKline Beecham Corporation, dba GlaxoSmithKline

Plaintiffs-Appellants Michael Christopher and Frank Buchanan appeal the judgment of the district court that they are not entitled to overtime pay under the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. §§ 201 et seq. Plaintiffs were employed as Pharmaceutical Sales Representatives (PSRs) for Defendant-Appellee SmithKline Beecham Corporation d/b/a GlaxoSmithKline (Glaxo). Glaxo classified Pl... More...   $0 (02-14-2011 - AZ)

State of Texas v. Actavis Mid-Atlantic, LLC and Actavis Elizabeth, LLC

A Travis County jury today returned a record-setting verdict for damages, finding that drug manufacturer Actavis Mid-Atlantic, LLC misrepresented its drug prices to the taxpayer-funded Medicaid program. The jurors determined that Actavis and co-defendant Actavis Elizabeth, LLC should pay Texas and the federal government $170.3 million for defrauding Medicaid.

Since 2000, the Texas Attorney ... More...
   $0 (02-04-2011 - TX)

Phillip R. Barker v. Kimberly A. Schisler, D.O.

Phillip Barker, Mindy Billington and Angie Pace (hereinafter referred to individually by their first names and collectively as Plaintiffs) brought a wrongful death action against Dr. Kimberly Schisler (Dr. Schisler) to recover damages resulting from the death of Brenda Barker (Barker), Phillip’s wife and mother of Mindy and Angie.1 The wrongful death claim was tried to a jury, which returned a v... More...   $0 (01-03-2011 - MO)

Texas Tech University Health Science Center v. Loretta Buford

In this medical malpractice suit, the trial court denied a plea to the jurisdiction filed by Texas Tech University Health Science Center. We reverse and render a judgment of dismissal.

For purposes of the plea to the jurisdiction, the facts do not appear to be disputed. Stefanee Buford[1] entered Medical Center Hospital on April 2, 2006. Ector County Hospital District does business a... More...
   $0 (12-16-2010 - TX)

Karen Faiola v. APCO Graphics, Inc.

Karen Faiola brought suit against her former employer, APCO Graphics, Inc. ("APCO"), for wrongful termination on the basis of disability in violation of Title I of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., and the Massachusetts analogue, Mass. Gen. Laws. ch. 151B ("Chapter 151B"). The district court granted summary judgment in favor of APCO because Faiola failed to s... More...   $0 (12-12-2010 - MA)

Kathie Costanich v. Department of Social and Health Services of the State of Washington

Washington state revoked Kathie Costanich’s foster care license and instituted guardianship termination proceedings against her following an investigation by a Department of Social and Health Services (“DSHS”) social worker, Sandy Duron, which purportedly revealed “emotional abuse” of the children in Costanich’s care. Finding fundamental inaccuracies in the investigation, an administra... More...   $0 (12-03-2010 - WA)

Sandy Corbin v. Phelan Thomas, D.D.S.

The jury found Dr. Phelan Thomas seventy-five percent at fault and the plaintiff, Sandy Corbin, twenty-five percent at fault in this dental malpractice case resulting from Dr. Thomas’s prescription of, and Corbin’s ingestion of amoxicillin, to which she is allergic. On appeal, Dr. Thomas contends causation was not proved and the district court erred in failing to grant a new trial. In the alte... More...   $0 (11-24-2010 - IA)

Mable Beal v. Walgreen Company

In this diversity case, Mable B. Beal, deceased (through representative Deborah K. Putnam), and Ruth M. Schaeffer, deceased1 (through representative Doris Bicknell), (collectively, the “Plaintiffs”) challenge the district court’s partial grant of summary judgment for the Plaintiffs and for the defendant, Walgreen Company (“Walgreens”). This case arises from state-law causes of action for... More...   $0 (11-11-2010 - TN)

Lou Ella Sherrill v. Bob T. Souder, M.D.

This medical malpractice suit was filed by Lou Ella Sherrill and her daughter, Barbara Pigg, against Bob T. Souder, M.D. and TransSouth Healthcare, P.C., a corporation in which Dr. Souder is the sole shareholder (hereinafter “the Defendants”). Ms. Pigg was dismissed as a party, but later filed a motion to amend the complaint to substitute herself as the plaintiff after Ms. Sherrill’s death. ... More...   $0 (10-28-2010 - TN)

George Allen Beers v. Dorothy Hillory

¶1 George Allen Beers appeals the district court's order granting his automobile insurance carrier Northland Insurance Company's motion for summary judgment. Beers sued NIC, claiming that NIC breached the insurance contract and its duty of good faith and fair dealing by unreasonably delaying payment of his claim for uninsured motorist (UM) benefits.1 Although the district court correctly disposed... More...   $0 (10-08-2010 - OK)

Matthew J.P. Millette v. Carol Jean Millette

A father appeals a child support judgment from the superior court. The $1,178.75 judgment against him consisted primarily of medical bills incurred on behalf of his child. The medical bills were for natural health care that the child received, and that the mother paid for, in order to treat the child’s autism. The father contests the judgment because it included amounts for nutritional supplemen... More...   $0 (10-08-2010 - AK)

Melissa Lee v. Carter-Reed Company, L.L.C.

A class-action lawsuit can give a large number of consumers with small claims the power to act collectively in seeking redress against a corporate entity. In this appeal, we must decide whether denying thousands of individuals the opportunity to proceed as a class in a consumer-fraud action was an abuse of discretion.

Plaintiff Melissa Lee purchased, for a price of about $120, three bottles... More...
   $0 (09-29-2010 - NJ)

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