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Pharmacy Law
Location Realty, Inc. v. Frank Colaccino, et al.

The defendants, Frank Colaccino, the Colvest Group, Ltd., and Colvest/North Haven, LLC,1 and the plaintiff, Location Realty, Inc., appeal and cross appeal, respectively, from the judgment of the trial court, after a bench trial, awarding the plaintiff, Location Realty, Inc., certain real estate commissions on the basis of unjust enrichment. In their appeal, the defendants claim that the trial cour... More...   $0 (07-08-2008 - CT)

Ronald Jackson v. Detroit Medical Center, et al.

In this medical malpractice action, plaintiff Ronald Jackson, as personal representative of the estate of Beverly Ann Bell-Jackson, appeals as of right the trial court's order denying his renewed motion for leave to file a second amended complaint and dismissing the action with prejudice on statute of limitations grounds. Defendants Detroit Medical Center, Sinai Hospital of Greater Detroit (Si... More...   $0 (04-08-2008 - MI)

Costco Wholesale Corp0oration v. Superior Court

In the underlying lawsuit in this matter, real parties in interest (hereinafter collectively referred to as plaintiffs)1 allege that prior to September 2001, defendant and petitioner Costco Wholesale Corporation (Costco) misclassified certain managers as exempt employees. Plaintiffs assert they have a right to inspect a letter that has been redacted by the trial court. In this writ of mandate ... More...   $0 (03-27-2008 - CA)

Yahaira Ayala, et al. v. Arroyo Vista Family Health Care

Plaintiffs and appellants Yahaira Ayala (Ayala), a minor, by and through her guardian ad litem and mother, Rita Rios (Rios), and Rios individually (collectively, plaintiffs), appeal a judgment in favor of defendant and respondent Arroyo Vista Family Health Center (Arroyo) following a defense verdict in a medical malpractice action. Plaintiffs' theory of malpractice is that Arroyo was negligent... More...   $0 (03-14-2008 - CA)

State of Kansas, ex rel. Paul J. Morrison v. The Honorable Kathleen Sebelius

During the 2007 Kansas legislative session, the legislature passed and the governor signed House Substitute for Senate Bill No. 244 (H. Sub. S.B. 244), which substantially amended K.S.A. 21-4015 (Furse 1995), formerly known as the Kansas Funeral Picketing Act, and now, as amended, known as the Kansas Funeral Privacy Act, K.S.A. 21-4015. L. 2007, ch. 111, secs. 1-6. Although the legislature repeale... More...   $0 (03-14-2008 - KS)

Express Scripts v. Aegon Direct Marketing Service

Express Scripts, Inc. (ESI) brought this action against Aegon Direct Marketing Services, Inc. (Aegon) seeking a declaratory judgment that a 2000 oral agreement terminated an earlier agreement to arbitrate contractual disputes and injunctive relief against Aegon's demand for arbitration. Aegon moved to dismiss or for a stay pending arbitration. The district court1 denied Aegon's motion, and it ... More...   $0 (02-13-2008 - MO)

Deborah S. Golob, M.D. v. Arizona Medical Board of the State of Arizona

1 Deborah S. Golob, a physician licensed by the State of Arizona, appeals the superior court's judgment upholding a Decree of Censure and other sanctions imposed on her by the Arizona Medi-cal Board (the "Board"). The Board acted after finding that Dr. Golob had issued prescriptions over the internet without conducting a physical examination of the individual for whom the medicine was authorized ... More...   $0 (02-05-2008 - AZ)

David Parker, et al. v. William Hurley, et al.

Two sets of parents, whose religious beliefs are offended by gay marriage and homosexuality, sued the Lexington, Massachusetts school district in which their young children are enrolled. They assert that they must be given prior notice by the school and the opportunity to exempt their young children from exposure to books they find religiously repugnant. Plaintiffs asserted violations of their own... More...   $0 (02-01-2008 - MA)

Fourth La Costa Condominium Owners Association v. Barbara Seith

Barbara Seith appeals an order the trial court entered that reduced the percentage of votes necessary to amend the Fourth La Costa Condominium Owners Association's (Owners Association) Declaration of Covenants, Conditions and Restrictions (CC&R's) (Civ. Code,1 § 1356) and Bylaws (Corp. Code, § 7515). Seith challenges the order on the grounds the underlying vote was invalid because it was by ma... More...   $0 (01-31-2008 - CA)

Susan Marandino v. Prometheus Pharmacy, et al.

The defendants, Prometheus Pharmacy and CNA Risk Services, Inc., appeal from the decision of the workers' compensation review board (board) affirming the finding and award of the workers' compensation commissioner (commissioner) in favor of the plaintiff, Susan Marandino, and dismissing the defendants' appeal. The defendants claim that the board (1) improperly sustained the commissioner'... More...   $0 (01-29-2008 - CT)

Tod R. Flemke v. CVS Pharmacy

Tod Flemke sued CVS Pharmacy on a premises liability negligence theory for the injuries and damages that she sustained when he fell and injured his lower back and had to undergo surgery to repair herniated discs. The Plaintiff slipped and fell over a plug in a CVS store located in Lake Worth, Florida. The CVS Pharmacy store did not place caution or warning signs in the aisle to alert customers... More...   $500000 (12-20-2007 - FL)

Lyn-Ann COOMBES, administratrix vs. Roland J. FLORIO.

In this case we consider whether a physician owes a duty of care to someone other than his patient for harm caused by his failure to warn the patient of the effects of his treatment of that patient. The decedent, Kevin Coombes (Coombes), died of injuries he sustained when he was struck by an automobile driven by David Sacca. At the time of the accident Sacca was under the care of his physician,... More...   $0 (12-13-2007 - MA)

Dea Isis Ferguson, etc. v. William F. Nelson, D.O., et al.

Plaintiffs appeal a judgment on a jury verdict in favor of defendant. They argue that the trial court erred by denying their motions to amend and to postpone trial, by giving two jury instructions, and by failing to give eight jury instructions. We conclude that the trial court did not abuse its discretion by denying plaintiffs' motions and that the two given instructions to which plaintiffs ... More...   $0 (12-12-2007 - OR)

Lyn-Ann Coombes v. Roland J. Florio

In this case we consider whether a physician owes a duty of care to someone other than his patient for harm caused by his failure to warn the patient of the effects of his treatment of that patient. The decedent, Kevin Coombes, died of injuries he *184 sustained when he was struck by an automobile driven by David Sacca. At the time of the accident Sacca was under the care of his physician, the ... More...   $0 (12-10-2007 - MA)

Kevin L. Lamson v. Crater Lake Motor, Inc.

Plaintiff initiated this action against defendant, his former employer, alleging that he was wrongfully discharged for complaining about and refusing to participate in a new and used car sales event conducted on defendant's property. Plaintiff's claim was tried to a jury, and the jury returned a verdict in favor of plaintiff. Defendant appeals, arguing that the trial court should have granted... More...   $0 (12-05-2007 - OR)

Lorenne Rebecca Rivera-Platte v. First Colony Life Insurance Company

{1} This appeal stems from the entry of an order approving a settlement reached between the Class and First Colony Life Insurance Company. Seven unnamed class members appealed. This Court consolidated the appeals to resolve in a single opinion all the issues advanced. As a preliminary matter, we address the right of unnamed class members in an opt-out class action to appeal the approval ... More...   $0 (11-30-2007 - NM)

In re: Vioxx Litigation Settlement

Merck & Co., Inc. today announced that it has entered into an agreement with the law firms that comprise the executive committee of the Plaintiffs' Steering Committee of the federal multidistrict VIOXX litigation as well as representatives of plaintiffs' counsel in state coordinated proceedings to resolve state and federal myocardial infarction (MI) and ischemic stroke claims already filed ag... More...   $4850000000 (11-09-2007 - NJ)

Mabel Kay Thomas v. Speedway SuperAmerica, LLC, AGent of RB Williams

Plaintiff Mabel Kay Thomas ("Thomas") appeals the district court's grant of summary judgment in favor of Speedway SuperAmerica LLC ("Speedway"), which denied her claims for unpaid overtime wages under both federal and state law. The district court held that Thomas was a bona fide executive employee under 29 U.S.C. § 213(a)(1) and thus not entitled to overtime wages. The narrow issue on appe... More...   $0 (10-30-2007 - OH)

Indiana Right to Life, Inc. and Arline Sprau v. Randall T. Shepard, in his official capacity as a member of the Indiana Commission on Judicial Qualifications, et al.

Indiana Right to Life and Arline Sprau (we will refer to them collectively as Right to Life) filed this complaint against the Indiana Commission on Judicial Qualifications and the Indiana Disciplinary Commission, contending that two canons in the Indiana Code of Judicial Conduct violate their First Amendment rights. The district court agreed that one of the canons was unconstitutional and... More...   $0 (10-27-2007 - IN)

GDT CG1, LLC v. Oklahoma County Board of Equalizaqtion

ΒΆ1 Plaintiffs/Appellants GDT CG1, LLC (Property Owner), Ministries of Jesus, Inc. (MJI), and Transformation Fitness Center, LLC (Fitness Center) (collectively, Appellants) appeal from summary judgment entered in favor of Defendants/Appellees Board of Equalization of Oklahoma County and Oklahoma County Assessor (collectively, County) which affirmed County's ruling that Appellants were not entitled... More...   $0 (10-24-2007 - OK)

Carol A. Post v. Hartford Insurance Company

Carol Post believes that she is entitled to long term
disability benefits under her former employer's disability plan.

Her treating physicians maintain that she is disabled. On the
other hand, Hartford Insurance Company, the plan administrator
(who also happens to fund the plan), has hired reviewing
physicians who maintain that Post is not disabled. In other
wor... More...
   $0 (09-24-2007 - PA)

International Union of Operating Engineers Local No. 68 Welfare Fund v. Merck & Co., Inc.

In July 2005, a Law Division judge granted the motion of plaintiff International Union of Operating Engineers Local #68 Welfare Fund "to certify a nationwide class of third-party[,] non-government payors who . . . paid any person or entity for the purchase of a prescription anti-inflammatory arthritis and acute pain medication marketed by defendant Merck & Company, Inc. . . . under the bra... More...   $0 (09-07-2007 - NJ)

WILLIAM PREYOR, JR., as Personal Rep. of the Estate of WILLIAM PREYOR, III, Deceased, v. CITY OF FERNDALE et al.

On behalf of his son (William Preyor, III), Plaintiff William Preyor Jr. brought this 42 U.S.C. § 1983 action against the City of Ferndale and several of its police officers, alleging deliberate indifference to his son's serious medical needs. The parties stipulated to the dismissal of all Defendants except two (Sergeants Steve Jennings and Thomas Cupples). These two collectively filed a mo... More...   $0 (09-05-2007 - MI)

Tara Young v. ESI Mail Pharmacy Service, Inc., and Division of Employment Security

Tara Young (Claimant) appeals the decision of the Labor and Industrial Relations Commission (Commission) dismissing her application for review regarding her unemployment benefits. We dismiss the appeal.

A deputy of the Division of Employment Security (Division) granted Claimant's application for unemployment benefits. Her employer, ESI Mail Pharmacy Service, Inc. (Employer) filed an appea... More...   $0 (09-04-2007 - MO)

Estate of Beth Hippley v. Walgreen Company

The Estate of Beth Hippley, age 46, sued Walgreens Pharmacies on a pharmacy negligence theory claiming that she was paralized and ultimately died as a result of being given an overdose of a cancer medical. Plaintiff claimed that the dosage was 10 times the amount prescribed and as a direct result of taking the medicine she developed severe headaches and eventually suffered a brain hemorrhage and p... More...   $33300000 (08-31-2007 - FL)

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