http://www.morelaw.com Drug Law - MoreLaw.com en-us © Copyright 2008, MoreLaw.com Inc All Rights Reserved. Recent Cases kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-4068&s=UT&d=42032 In this ongoing action under 42 U.S.C. 1983, a previous panel of this court determined that various material factual disputes remained regarding the constitutionality of the near two-hour early morning detention of Melissa Harman and Justin Overton (or the Plaintiffs), and the corresponding after-midnight searches of their garage apartment conducted by officers who worked for the Utah Dep Fri, 20 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=125%20Nev.%20Adv.%20Op.%20No.%2054&s=NV&d=42044 Appellants Patricia Fierle and her husband, Daniel Fierle, filed a complaint against Dr. Jorge Perez, members of his staff, and his professional medical corporation. The complaint stemmed from an incident where Patricia suffered severe burns from chemotherapy treatment that Dr. Perezs staff administered. After initially failing to attach an expert affidavit to the complaint, the Fierles then Thu, 19 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-35619&s=WA&d=42027 The False Claims Act (FCA) was designed to encourage reporting of false or fraudulent claims that are submitted to the federal government for approval or payment. Typically a relatora whistle-blowing employee, a business partner or competitorbrings suit for the benefit of the United States. Mortgages, Inc. v. U.S. Dist. Ct., 934 F.2d 209, 210 (9th Cir. 1991) (per curiam). The gov Thu, 19 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-8001&s=WY&d=42033 Dr. Marvin Wayne Couch appeals from summary judgment entered in favorof defendants, Memorial Hospital of Carbon County (MHCC), a small ruralhospital where he has staff privileges, the hospitals chief administrator, and sixof the ten other physicians who have privileges at MHCC. Dr. Couch brought thisaction, pursuant to 42 U.S.C. 1983, to remedy an alleged deprivation of his FirstA Tue, 17 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=05-08-01564-CV&s=TX&d=41983 TexVa, Inc. (TexVa) and R. Bradley Bierman (Bierman) appeal the trial court's order granting the special appearances of Cindy Hayes (Hayes) and James Boone (Boone), both residents of California. Appellants contend that the trial court erred in sustaining the special appearances of Boone and Hayes. For the reasons set forth below, we conclude that Hayes' and Boone's contact Fri, 13 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=D053731&s=CA&d=41961 Plaintiffs Roy Evans and Arthea LaFrades (together plaintiffs) each owned homes in which shower pans manufactured by defendant Lasco Bathware, Inc. (Lasco) were installed. Plaintiffs' action against Lasco alleged the shower pans suffered from design defects that resulted in water leakage, and the leakage caused damage to adjacent building components. Plaintiffs' fourth amended complaint (FAC), sty Fri, 6 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2008-134-Appeal.&s=RI&d=41938 This case arises from a dispute between a residential landlord and his tenant. The defendant landlord, Douglas Farrar, appeals from a judgment entered in favor of the pro se plaintiff, Loretta Furlan, after a bench trial in the Superior Court. This case came before the Supreme Court for oral argument pursuant to an order directing the parties to show cause why the issues raised in this appeal shou Thu, 5 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=G042205&s=CA&d=41962 Code of Civil Procedure section 2019.2101 requires a plaintiff suing for misappropriation of its trade secrets to identify with reasonable particularity the purported trade secrets which allegedly have been misappropriated before commencing discovery relating to the trade secret[s.] The court below concluded plaintiff Perlan Therapeutics, Inc.s effort to meet this obligation fell sh Wed, 4 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-5169&s=OK&d=41925 Plaintiff-Appellant Lisa Nicole Bridges appeals from summary judgment in favor of Defendant-Appellee Deputy Brandon Yeager on her civil rights claims. 42 U.S.C. 1983. Ms. Bridges sued the deputy solely in his individual capacity for compensatory and punitive damages claiming that (1) he used excessive force while arresting her, and (2) he falsely arrested her for assault and battery on a police Tue, 3 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-2555,%2008-2711,%2008-2713&s=AR&d=41885 Donna Scroggin was diagnosed with breast cancer eleven years after she began taking estrogen and progestin drugs manufactured by Wyeth Pharmaceuticals Inc. (Wyeth) and Pharmacia & Upjohn Co. (Upjohn).1 She sued the companies in 2004 for failure to warn of the risk of breast cancer from combination hormone therapy.The trial was bifurcated, with liability determined first and punitive damages determ Tue, 3 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=1182%20C.D.%202008&s=PA&d=41945 Appellants, Lawrence Crews (Crews), a minor, by his mother and natural guardian, Lynette Crews, and Lynette Crews, in her own right (Mother) appeal from an order of the Court of Common Pleas of Delaware County (trial court) which determined that Crews did not have standing to challenge the constitutionality of the City of Chester Ordinance (Ordinance), Article 711, an anti-loitering ordinance. We Mon, 2 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-15677&s=AZ&d=41839 Matrixx Initiatives, Inc. (Matrixx) is a pharmaceutical company that sells cold products through its wholly-owned subsidiary, Zicam, LLC. One of its main products is Zicam Cold Remedy, which comes in several different forms.1 Plaintiffs-Appellants are lead plaintiff, NECA-IBEW Pension Fund, and named plaintiff, James Siracusano, in a class action brought against Matrixx and three Matrixx exe Fri, 30 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-36039&s=WA&d=41838 We must decide whether the district court abused its discretion by preliminarily enjoining the enforcement of new rules promulgated by the Washington State Board of Pharmacy (Board) that require pharmacies to deliver lawfully prescribed Federal Drug Administration (FDA)approved medications and prohibit discrimination against patients, on the ground that the rules violate pharmacies Fri, 30 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=09-1438,%2009-1462,%2009-1601&s=&d=41911 The parties to this Lanham Act suit are manufacturers of an oral laxative the chemical name of which is polyethylene glycol 3350. Schering, the plaintiff, sells its version under the trade name MiraLAX. MiraLAX is an over-the-counter drug. The four defendants sell the generic version of the drug under its chemical name (except that defendants Kremers and Schwarz also use the name GlycoLax Thu, 29 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=1:98-cv-04546-DCP-JCF%20&s=NY&d=41833 Zaher Zahrey sued the City of New York and others on a civil rights violation theory claiming that defendants manufactured a false case against him during a police corruption investigation. Zahrey, age 46, was an undercover narcotics detective working in Brooklyn. He was the friend of a man who was murdered and who prosecutors said had been a leader of a gang that sold drugs. Zahrey was accused Thu, 29 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=AC%2029172&s=CT&d=41943 The appeal and cross appeal in this matter concern claims of a hostile work environment, vexatious litigation, intentional infliction of emotional distress and attorneys fees. The plaintiff, Debra Perez, appeals from the judgment of the trial court, rendered after a jury trial, in her favor on her claim of a hostile work environment and in favor of the defendant, C. Donald Lane, Jr., doing busi Tue, 27 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=&s=PA&d=41818 Michelle David, the mother of Lyam Kilker, sued GlaxoSmithKline on a products liability theory claiming that the Paxil that she took while pregnant caused Lyam's heart defects. Plaintiff claimed that Defendant failed to warn of the risks associated with taking Paxil during pregnancy. Lyam has had several heart surgeries in the four years since he was born.Defendant claimed that scientific evidenc Tue, 27 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=&s=CA&d=41795 Sean Levens and Scott Nunley sued Stephen Watson on a civil assault and battery theory and the Salvation Army on negligence and respondeat superior liability theories after they were attacked and beaten by Watson and others at the Salvation Army's Lytton Springs facility. Plaintiffs claimed that the Salvation Army acted negligently when it hired Watson to supervise more than 90 recovering addict- Sat, 24 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-1006,%2008-1522&s=&d=41915 Jason Walsh suffered from autism. When he was five-years-old, his parents sought help from Dr. Michael D. Chez, who specialized in treating autistic children and who did business through his clinic, Autism and Epilepsy Specialty Services of Illinois. Jasons treatment went seriously awry shortly after he developed pneumonia, and sadly, Jason died on May 9, 2003, of complications from adrenal ins Wed, 21 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=&s=MT&d=41749 Peggy L. Stevens sued Novartis Pharmaceuticals on a products liability theory claiming that she was harmed by undisclosed risks relating to Zometa, a bone-strengthening medication. She claimed that she developed serious dental and jaw-related from taking the drug. Novatris asserted the learned intermediary defense claiming that Ms. Stevens' doctor knew of the risks associated with taking the drug. Wed, 21 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-3347%20&%2007-3354&s=KS&d=41851 Laura Schmidt brought an action against her former employer, Medicalodges, Inc. (Medicalodges), for hostile work environment sexual harassment in violation of Title VII of the Civil Rights Act, 42 U.S.C. 2000e-2(a)(1). She appeals the district courts denial of her motion for a new trial after the jury found that Medicalodges was not liable for the harassment Ms. Schmidt suffered at the Tue, 20 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20OK%20CIV%20APP%2087&s=OK&d=42001 1 Petitioner/Appellant Jeffrey Taylor appeals the trial court's order affirming the Oklahoma Police Pension and Retirement Board's denial of his application for a disability benefit. The Board found competent evidence to rebut a statutory presumption that Taylor's disability was incurred while performing his job. After reviewing the facts and the law, we reverse and remand with instructions.1FAC Fri, 16 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=&s=KY&d=41674 Attorney General Jack Conway today announced that a Franklin Circuit Court jury has handed down a $14.7 million verdict against global pharmaceutical giant AstraZeneca for defrauding the Medicaid program and Kentucky consumers by inflating the prices of their prescription drugs. The Kentucky Medicaid program relies on published average wholesale prices (AWPs) to calculate Medicaid drug-reimburs Fri, 16 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20Opinion%20No.%2070&s=ID&d=41738 David Oliver Wheeler appeals from the district courts decision upon judicial review affirming the Idaho Transportation Departments order suspending Wheelers drivers license for failing a blood alcohol concentration test. For the reasons set forth below, we affirm.I.FACTS AND PROCEDUREA police officer stopped Wheelers vehicle after he observed it swerve across the center line and bac Thu, 15 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=01-08-00378-CV&s=TX&d=41672 Appellant, Jose Hermilo Requena, sued Otis Elevator Company ("Otis") for negligence after he was hurt using an industrial freight elevator. The trial court granted Otis's motion for judgment notwithstanding the verdict after the jury returned a verdict in favor of Requena. Requena argues in his sole issue that the trial court erred in granting Otis's motion for judgment notwithstanding the verdict Thu, 15 Oct 2009 00:00:00 CST