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Pharmacy Law
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)

Marco Garcia v. Four Points Sheraton LAX

In this appeal, we address the validity of the Hotel Service Charge Reform Ordinance (Ordinance) enacted by the City of Los Angeles (the City), requiring non-unionized hotels in the Century Corridor near Los Angeles International Airport (LAX) to pass along mandatory service charges to workers who render the services for which the charges have been collected. The Ordinance is based upon the City... More...   $0 (09-10-2010 - )

William Biasetti v. City of Stamford

The plaintiff in this workers’ compensation matter, William Biasetti, appeals from the decision of the workers’ compensation review board (board) affirming the decision of the workers’ compensation commissioner (commissioner) dismissing his claim for benefits under the Workers’ Compensation Act (act), General Statutes § 31-275 et seq. On appeal, the plaintiff claims that (1) the board imp... More...   $0 (09-02-2010 - CT)

Evelyn Rivera v. First Databank, Inc.

Defendant First DataBank, Inc. appeals from denial of its special motion to strike the negligence and breach of contract causes of action in the complaint filed by plaintiffs Evelyn Rivera, Beau Rivera, Steven Rivera, Jenna Rivera, and Corryn Rivera. (anti-SLAPP motion; Code Civ. Proc., § 425.16; all further references are to this code unless otherwise stated.) It contends the court erred when it... More...   $0 (08-19-2010 - CA)

Karen Kirkpatrick v. Pfizer, Inc.

Karen Kirkpatrick filed this lawsuit against Pfizer, Inc., her former employer, alleging various violations under the Age Discrimination in Employment Act (“ADEA”) and Oklahoma law. The district court granted Pfizer’s motion for summary judgment on Kirkpatrick’s state-law outrage claim but allowed her age discrimination claim to proceed to trial. After the close of Kirkpatrick’s evidence... More...   $0 (08-12-2010 - OK)

Katie Lindsey v. Walgreen Co.

Katie Lindsey was 53 years old when Walgreens fired her from her job as a staff pharmacist. She sued the company under the Age Discrimination in Employment Act (“ADEA”), see 29 U.S.C. § 623(a)(1), but the district court granted summary judgment against her. Lindsey appeals, and we affirm the judgment.

Lindsey began working for Walgreens as a staff pharmacist in 1995. After a few years ... More...
   $0 (08-11-2010 - IL)

Noel Schenkel v. Richard Chevrolet

The defendant Richard Chevrolet, Inc.,1 appeals from the decision of the workers’ compensation review board (board) affirming the decision of the workers’ compensation commissioner (commissioner), awarding the plaintiff, Noel Schenkel, temporary total disability benefits, in addition to interest and attorney’s fees on the basis of the defendant’s unreasonable delay in the payment of the be... More...   $0 (08-03-2010 - CT)

Will Singleton v. Select Specialty Hospital - Lexington, Inc.

Will Singleton (“Singleton”), who was employed as a Registered Nurse by the appellees (collectively “Select”), appeals from a decision of the district court granting Select’s motion for summary judgment on Singleton’s claim of unlawful retaliation under Title VII of the Civil Rights Act and its Kentucky state-law equivalent.1 Select alleges that it terminated Singleton for numerous and... More...   $0 (08-02-2010 - KY)

Southwest Regional Specialty Hospital v. Mario Perea

Appellant, THI of Texas at Lubbock I, LLC, (THI), d/b/a Southwest Regional Specialty Hospital (Southwest Hospital) appeals from a judgment entered following a jury trial in a medical malpractice action seeking wrongful death and survival damages in favor of Appellees, Max Perea, Mario Perea, Tony Perea, and George Perea (collectively Perea), and the estate of their deceased father, Jacob Perea (Ja... More...   $0 (07-28-2010 - Tx)

Medicine Shoppe Intnl. v. Turner Investments

Medicine Shoppe International, Inc. ("MSI") filed a claim with the American Arbitration Association against Donnie Turner, president of Turner Investments, Inc., and Turner Investments, Inc. (collectively, "Appellants"), for an alleged violation of a franchise agreement between MSI and Appellants. MSI sought, inter alia, lost future profits and future license fees. The arbitrator granted MSI all i... More...   $0 (07-28-2010 - MO)

Mariner Health Care of Nashville, Inc. v. Gladys Robins

Appellee Gladys Robins sued appellant Mariner Health Care of Nashville, Inc. Robins asserted claims for medical malpractice under the Texas Wrongful Death Act and the Texas Survival Statute, alleging that her mother, Betty Battle, suffered injuries and died due to negligent nursing home care. See Tex. Civ. Prac. & Rem. Code Ann. §§ 71.001–.012 (Vernon 2008) (wrongful death action); id. § 71... More...   $0 (07-01-2010 - TX)

Melody Whittemore v. Owens Healthcare - Retail Pharmacy, Inc.

This action involves the Drug Dealer Liability Act (the Act). (Health & Saf. Code, §§ 11700 et seq.)1 It authorizes a user of an illegal controlled substance (and specified others) to recover damages resulting from its use from those who knowingly market the substance. It extends to substances for which a prescription is required. (§§ 11703, subd. l, 11352.) The question tendered is whether a ... More...   $0 (06-22-2010 - CA)

Aaron L. Howard, Jr. v. Walgreen Co.

Walgreen Co. (“Walgreens”) appeals the magistrate judge’s order denying its motion for judgment as a matter of law, Fed. R. Civ. P. 50(b), and its motion for a new trial, Fed. R. Civ. P. 59(a), following entry of judgment in favor of Aaron L. Howard, Jr. on his retaliation claims under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e, et seq., and the Florida C... More...   $0 (05-21-2010 - )

Wendy Gudmundson v. Del Ozone; OzoneSolutions, L.C.; Johnson Controls, Inc.

¶1 This appeal comes from a district court’s grant of summary judgment on Ms. Gudmundson’s claims against third parties for injuries she sustained in the workplace. Ms. Gudmundson, a former employee of the Utah State Prison, claims that ozone exposure from a newly installed ozone-laundry system injured her, causing significant brain injuries.

¶2 Ms. Gudmundson initially sought worke... More...
   $0 (05-14-2010 - )

Susan Eynon Lark v. Montgomery Hospice, Inc.

The parties to this appeal from the Circuit Court for Montgomery County,1 Susan Eynon Lark (Appellant), and Montgomery Hospice Inc. (Appellee), present us with two questions of statutory interpretation.2 We must determine whether a former employee is entitled to assert a wrongful discharge action under the Health Care Worker Whistleblower Protection Act (1) even if he or she never reported to an e... More...   $0 (05-14-2010 - MD)

Heidi Happel v. Walmart Stores, Inc.

Heidi Happel was diagnosed with Multiple Sclerosis in 1990. After the diagnosis, she did not experience any symptoms of the disease until August 1993, when a Walmart pharmacy negligently filled—and Heidi ingested—a prescription with Toradol, a medication to which Heidi was allergic. Heidi believed that the medication, which triggered a severe reaction, was the impetus for a rapid decline in he... More...   $0 (04-28-2010 - IL)

Maria Silva, et al. v. Walgreen Company, et al.

The defendants1 appeal from the trial court’s judgment setting aside the jury’s verdict2 in favor of the plaintiff Maria Silva.3 On appeal, the defendants claim that the court abused its discretion by (1) granting the plaintiff’s motion for additur and (2) ordering a new trial as to damages only. We reverse the judgment of the trial court.

The jury reasonably could have found the foll... More...
   $0 (04-26-2010 - CT)

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