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Pharmacy Law
Do Sung Uhm, et al. v. Humana, Inc., et al.

Plaintiff-Appellants Do Sung Uhm and Eun Sook Uhm (“the Uhms”) appeal the district court’s order dismissing their complaint against Defendant-Appellees Humana Health Plan, Inc. and Humana, Inc. (collectively “Humana”) on the ground that their claims are preempted by the express preemption provision of the Medicare Prescription Drug Improvement and Modernization Act of 2003 (“Act”). T... More...   $0 (08-25-2008 - CA)

Jean Birnie v. Electric Boat Company

In this workers’ compensation appeal, we are presented with the question, which was raised but not decided in Lafayette v. General Dynamics Corp., 255 Conn. 762, 781, 770 A.2d 1 (2001), of whether the causation standard applied by a United States Department of Labor administrative law judge (administrative law judge) in a prior proceeding brought under the federal Longshore and Harbor Workers’... More...   $0 (08-19-2008 - CT)

Alternative Fuels, Inc. and Larry W. Pommier v. Thomas M. Cabanas and Richard Hall

Alternate Fuels, Inc. (AFI) and its President, Larry W. Pommier, sued two officials of the Missouri Department of Natural Resources (DNR) – Thomas M. Cabanas and Richard A. Hall – for denial of equal protection, tortious interference with contract, and First Amendment retaliation. Summary judgment was granted to Cabanas and Hall on all claims except part of AFI’s tortious-interference-with c... More...   $0 (08-18-2008 - MO)

Holladay Towne Center, LLC v. Holladay City

¶1 On January 30, 2006, Holladay Towne Center, LLC (HTC) filed an application with Holladay City to build a Walgreens drugstore within the city's Holladay Village Center zone (HVC zone). The parties dispute whether HTC's proposal met the HVC zone's thencurrent zoning requirements. On February 24, the city's Community Development Director, Paul Allred, sent correspondence to HTC requesting that HT... More...   $0 (08-14-2008 - UT)

Shaun O. Parker, DDS v. State of Nebraska ex rel. John Bruning, Attorney General

Shaun O. Parker, D.D.S., appeals the State’s disciplinary action. In November 2006, the director of the Department of Health and Human Services Regulation and Licensure (the Department) revoked Parker’s license to practice dentistry. Parker sought review by the district court. The court affirmed the order revoking his license. On appeal, Parker argues that the State denied him procedural due p... More...   $0 (08-14-2008 - NE)

Third Party Solutions, Inc. v. Express Scripts, Inc.

Plaintiff-Appellant Third Party Solutions, Inc. (“TPS”) and
Defendant-Appellee Express Scripts, Inc. (“ESI”) both contract with retail pharmacies to provide
payment for workers’ compensation prescription claims, which they then recoup from the entities
responsible for providing prescription coverage. TPS provides pharmacies with “default” third-party
billing and suppo... More...
   $0 (08-08-2008 - TN)

Jim Tranum v. David Broadway

A jury found Jim Tranum liable for malicious prosecution and slander against David Broadway and awarded mental anguish, reputation, and exemplary damages to Broadway. Tranum appeals, arguing that: (1) the evidence is legally and factually insufficient to support malicious prosecution, slander, mental anguish damages, reputation damages, and exemplary damages; (2) the jury’s award of exemplary d... More...   $0 (07-26-2008 - TX)

Brenton R. Smith v. Selma Community Hospital

Selma Community Hospital’s (SCH) medical executive committee recommended the termination of the medical staff membership and hospital privileges of Brenton R. Smith, M.D., based solely on the termination of his privileges at two Hanford hospitals.

Smith invoked the next stage of the peer review process by requesting a formal hearing.

The judicial review committee sat as a trier of ... More...
   $0 (07-22-2008 - CA)

John Burnette v. Milton Shane Taylor, et al.

Plaintiff filed this action on behalf of his deceased son, John Robert “Buster” Burnette, who died of a drug overdose while in police custody. Plaintiff alleges that Buster died as a result of Defendants’ deliberate indifference to a serious medical need in violation of clearly established law.

Milton Shane Taylor (“Deputy Taylor” or “Taylor”), David A. Batten (“Deputy Batte... More...
   $0 (07-10-2008 - GA)

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)

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