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Pharmacy Law
Gilberto Hernandez v. Schering Corporation

¶ 1 The plaintiffs, Gilberto Hernandez and his wife, Ruth Elizondo, filed a complaint against
the defendants, Schering Corporation, Schering-Plough Corporation (collectively Schering) and
Victoria McGill, R.N., (hereinafter Nurse McGill)1 seeking damages for bodily injuries
stemming from Mr. Hernandez's use of PEG-Intron, a drug manufactured and sold by Schering.
The circuit court... More...
   $0 (09-30-2011 - IL)

Derrick McCants v. Wackenhut Corporation

Derrick McCants, individually and as representative of the Estate of Shannon McCants sued Wackenhut Corporationon a negligence theory seeking compensation for the wrongful death of Shannon on November 20, 2006 at a Jacksonville, Florida hospital. Shannon Cants, a supervising pharmacist at Shands Medical Center in Jacksonville, was killed by Brenda Coney. Wackenhut was responsible for security at... More...   $0 (09-29-2011 - FL)

Johnie S. Adams v. CVS Pharmacy, Inc.

Johnie S. Adams sued CVS Pharmacy, Inc., Hiland Dairy Company, Hiland Dairy Foods Company, LLC and Prarie Farms Dairy on premises liability theories claiming he was a business invitee at a CVS Pharmacy store in Oklahoma City on June 18, 2008 and he slipped and fell as a result of water than had accumulated in front of a freezer in the store and was injured.

Defendants generally denied all o... More...
   $1 (09-07-2011 - OK)

Derrick M. Myers v. Kathy Keegan

This interlocutory appeal concerns the adequacy of an expert report under standards that apply to health care liability claims. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(10) (West 2008); § 74.351 (West 2011). Dr. Derrick Myers requested that the trial court dismiss the health care liability claim filed against him by Kathy Keegan, individually and as independent executrix of the estate of... More...   $0 (08-31-2011 - TX)

State of OKlahoma v. Julia Isadora Davis

¶1 Appellees, Julia Isadora Davis, James Robert Lemmons and Curtis Dwayne Pradia, were each charged in the District Court of Payne County, with the misdemeanor crime of Purchasing in Excess of Nine Grams of Pseudoephedrine Within a Thirty Day Period in Case Nos. CM-2010-333, CM-2009-1789 and CM-2009-1795, respectively. Pradia and Davis filed Demurrers to the Information and Motions to Dismiss. Le... More...   $0 (08-30-2011 - OK)

State of Oklahoma v. Julia Isadora Davis

¶1 Appellees, Julia Isadora Davis, James Robert Lemmons and Curtis Dwayne Pradia, were each charged in the District Court of Payne County, with the misdemeanor crime of Purchasing in Excess of Nine Grams of Pseudoephedrine Within a Thirty Day Period in Case Nos. CM-2010-333, CM-2009-1789 and CM-2009-1795, respectively. Pradia and Davis filed Demurrers to the Information and Motions to Dismiss. Le... More...   $0 (08-30-2011 - OK)

Paula Dupont v. Fred's Stores of Tennessee

Paula Dupont was shopping at a Fred’s Stores of Tennessee, Inc., when plastic bins fell from a display shelf and struck her on the head. Paula and her husband, James (collectively, Duponts), filed a negligence action seeking damages related to her injuries. The case proceeded to trial and a jury returned a verdict in Fred’s Stores’ favor. The district court1 dismissed the Duponts’ complain... More...   $0 (08-30-2011 - AR)

United States of America v. Google, Inc.

Online search engine Google Inc. has agreed to forfeit $500 million for allowing online Canadian pharmacies to place advertisements through its AdWords program targeting consumers in the United States, resulting in the unlawful importation of controlled and non-controlled prescription drugs into the United States, announced Deputy Attorney General James M. Cole; Peter F. Neronha, U.S. Attorney for... More...   $500000000 (08-25-2011 - RI)

Vincent D. Cooper v. Shannon Cooper

These consolidated appeals all arise from a petition for support unconnected with dissolution filed by Shannon Cooper (the Wife) against Vincent D. Cooper (the Husband). In case number 2D10-1102, the Husband appealed the trial court's order adopting the magistrate's report and recommendations concerning alimony, child support, and attorney's fees. In case number 2D10-2903, the Wife appealed the tr... More...   $0 (08-19-2011 - FL)

Pedro Regalado v. Walgreens Company d/b/a Walgreens Drug Stores

Pedro Gegalado sued Walgreens on a professional negligence (pharmacy malpractice) theory claiming that on August 21, 2009 Plaintiff filled his prescriptions at Walgreens' store #6477 in Norman for the drgu Lisinopril but was given the drug Keppra which caused temporary and permanent injury to Plaintiff.

Walgreens admitted that it filled a prescription for Plaintiff but denied that it gav... More...
   $1 (08-18-2011 - OK)

Michele Walker v. Educational Credit Management

The Educational Credit Management Corporation (ECMC) appeals from the judgment of the bankruptcy court, later affirmed by the Bankruptcy Appellate Panel (BAP), which discharged the student loan debt of Michele D. Walker (Walker) under the “undue hardship” provision of 11 U.S.C. § 523(a)(8). We affirm.


We summarize the relevant facts as outlined in Walker v. Education Credit M... More...
   $0 (08-18-2011 - MO)

Charles Seber and Barbara Seber v. Union Pacific Railroad Company

Charles and Barbara Seber sued Union Pacific Railroad Company contending that it wrongfully removed the Sebers’ private railroad crossing. The trial court granted summary judgment in favor of Union Pacific. We affirm in part, reverse in part, and remand to the trial court.


This dispute centers on the closing of a private crossing over Union Pacific’s railroad right-o... More...
   $0 (08-16-2011 - TX)

State of Oklahoma v. James Cabeza Debaca, Jr.

The State of Oklahoma charged James Cabeza Debaca, Jr. with cultivation of marijuana in violation of 63 O.S. 2-509 and unlawful possession of drug paraphernalia in violation of 63 O.S. 2-405.

Title 63 O.S. Section 2-509 provides:

A. All species of plants from which controlled dangerous substances in Schedules I and II may be derived are hereby declared inimical to health and welf... More...
   $0 (08-15-2011 - OK)

Planned Parenthood Arizona, Inc. v. American Association of Pro-Life Obstetricians & Gynecologists

¶1 This case requires us to decide whether four statutory provisions that regulate the performance of abortions violate the equal protection or privacy clauses of the Arizona Constitution. The trial court granted Planned Parenthood of Arizona (“PPAZ”) a preliminary injunction barring the enforcement of portions of A.R.S. §§ 36-2152 through -2155. We hold that the statutes at issue would wit... More...   $0 (08-11-2011 - AZ)

Denis Dallaire v. VEn C. Hsu

The plaintiff, Denis Dallaire, as administrator of the estate of the decedent, Sandra Dallaire, brought this medical malpractice action, alleging that the defendant, Ven C. Hsu, negligently prescribed lethal amounts of opiate medications, resulting in her death.1 The trial court rendered judgment in favor of the defendant. On appeal, the plaintiff argues that the court improperly (1) found that th... More...   $0 (08-03-2011 - CT)

Shirley Scott v. Michael J. Astrue

Shirley Scott applied for disability insurance benefits and supplemental security income, claiming that she is disabled by bipolar disorder and numerous physical impairments. The Social Security Administration (“SSA”) denied her claim, and a magistrate judge, presiding by consent, upheld the decision.

Scott contends on appeal that the Administrative Law Judge (“ALJ”) wrongly discoun... More...
   $0 (08-01-2011 - IL)

Tau Kappa Epsilon and Adam Wilson Fomby v. USA Bus Charter, Inc.

Complaining of numerous problems related to buses chartered for their transport to and from the annual "Texas-OU weekend" festivities in Dallas, appellants--Tau Kappa Epsilon (TKE), a fraternal social organization alleged to be affiliated with the University of Texas, and Adam Wilson Fomby, a fraternity member who had secured the buses--sued the bus company, appellee USA Bus Charter, Inc. (USA Bu... More...   $0 (07-28-2011 - TX)

Kang S. Park v. Gary B. Stanford

¶1 This appeal concerns the application of payments made in connection with a real estate transaction between Dr. Gary B. Stanford and Kang and Marsha Park. The court of appeals held that payments submitted to the Parks could not be credited toward a personal guaranty Dr. Stanford had made on a note payable to the Parks. Noting that this appeal presents an issue of first impression, we disagree w... More...   $0 (07-22-2011 - UT)

Michelle Chistian v. AHS Tulsa Regional Medical Center, LLC d/b/a OSU Medical Center

Michelle Christian appeals the grant of summary judgment in favor of her former employer, AHS Tulsa Regional Medical Center (“the Hospital”), on her Title VII sex discrimination claims. We agree with the district court that Ms. Christian was unable to demonstrate the existence of a genuine dispute of material fact with regard to either prong of the Hospital’s two-part affirmative defense, an... More...   $0 (07-15-2011 - OK)

John DiCosolo v. Janssen Pharmaceuticals, Inc.

¶ 1 Defendants, Janssen Pharmaceuticals, Inc., and ALZA Corporation, appeal from an $18 million judgment in favor of plaintiff, John DiCosolo, as administrator of the estate of Janice V. DiCosolo, deceased, for noneconomic damages entered in a wrongful death product liability case involving the Duragesic® prescription transdermal patch that they manufactured and distributed. Defendants raise sev... More...   $18000000 (07-13-2011 - IL)

Hope Huerta v. Bioscrip Pharmacy Services, Inc.

Following a catastrophic rejection of her transplanted kidney in May of 2006, plaintiff-appellant Blanca Valdez-Huerta, by and through her mother, Hope Huerta, (collectively, “Huerta”), brought this diversity jurisdiction action against BioScrip Pharmacy Services, Inc. (“BioScrip”) in the District of New Mexico. Huerta asserted claims under New Mexico law for strict products liability, neg... More...   $0 (07-12-2011 - NM)

State of Oklahoma v. Jerome Jay Ersland

The State of Oklahoma charged Jerome Jay Ersland, age 60, with first degree murder in violation of 21 O.S. 701.1 in conjunction the death of a man who tried to rob his pharmacy. The evidence presented by the State proved that Ersland shot the decedent who was on the ground and not resisting.

Court minutes from jury trial:

05-12-2011 CTFREE - Ersland, Jerome Jay 67172349 Ma... More...
   $0 (07-11-2011 - OK)

James D. MacDonald v. City Hospital, Inc.

Once again, this Court is asked to consider the constitutionality, vel non, of W. Va. Code § 55-7B-8 which places a limit or “cap” on compensatory damages for noneconomic loss awarded in a medical professional liability action. On two prior occasions, in the cases of Robinson v. Charleston Area Medical Center, Inc., 186 W. Va. 720, 414 S.E.2d 877 (1991) and Verba v. Ghaphery, 210 W. Va. 30, 5... More...   $0 (06-22-2011 - WV)

Christus Health Quality Infusion Care, Inc.

Christus Health Services, d/b/a Uniform Services Family Health Plan (Christus) manages a network of medical and healthcare providers in east Texas and western Louisiana. The health plan is for active and retired members of the Armed Services, their families, and survivors. Quality Infusion Services (Quality) provided medical services to several Christus members referred to it by a specialist in ... More...   $0 (06-16-2011 - TX)

Tenet Hospitals Limited v. Nathaniel Philip Love

Appellant, Tenet Hospitals Limited, d/b/a/ Sierra Providence East Medical Center, appeals the trial court's denial of its motion to dismiss Nathaniel Love's health care liability case. In three issues on appeal, Sierra Providence contends that the expert reports submitted were inadequate and fatally deficient. For the following reasons, we reverse.


Approximately one we... More...
   $0 (05-27-2011 - TX)

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