all - Opinion Summaries

MICHALS v. BAXTER HEALTHCARE CORP.

Civil Procedure, Health Law, Injury & Tort Law, Product Liability
Suit for injuries allegedly sustained as a result of breast implants was properly dismissed on statute of limitations grounds in Kentucky where...

ROSEN v. TENNESSEE COMM'R OF FIN. & ADMIN.

Administrative Law, Civil Procedure, Health Law, Insurance Law
In state's appeal from orders issued after challenges to administration of Tennessee's TennCare program, the first order was affirmed where the scope...

IN RE: BRAND NAME PRESCRIPTION DRUGS ANTITRUST LITIGATION

Antitrust & Trade Regulation, Health Law
In an action for price-fixing under the Sherman Act, plaintiffs, retail sellers of prescription drugs, failed to adequately show that the drug...

MCGOFFIN v. BARNHART

Health Law, Insurance Law
In an application for disability benefits, administrative judge erred in rejecting the opinion of appellant's treating physician based on 1) an...

US v. FISHER

Constitutional Law, Criminal Law & Procedure, Health Law
Analogue Act, 21 U.S.C. section 813, as applied to gamma-butyrolactone (GBL), is not unconstitutionally vague, and sellers of bodybuilding products...

SIGMA-TAU PHARM., INC. v. SCHWETZ

Administrative Law, Health Law
FDA did not act unlawfully in approving generic versions of a drug for an indication that was no longer protected by market exclusivity under the...

IODICE v. US

Health Law, Injury & Tort Law, Professional Malpractice
Department of Veterans Affairs and its employees could not be found negligent in dispensing narcotics to patient later involved in car accident, where...

SCOTT v. MASON COAL CO.

Health Law, Injury & Tort Law, Labor & Employment Law
Denial of benefits under the Black Lung Benefits Act was inappropriate where judge failed to consider (contrary to mandate) a reasoned medical opinion...

ZWICKER v. ALTAMONT EMERGENCY ROOM PHYSICIANS MED. GROUP

Health Law, Injury & Tort Law, Remedies
No cause of action for loss of consortium existed where appellant was not married to her husband at the time of an alleged misdiagnosis of his...

CHAPMAN v. CHOICECARE LONG ISLAND TERM DISABILITY PLAN

Administrative Law, ERISA, Health Law, Labor & Employment Law
Where former employee, who was mentally ill, sued benefits plan for judicial review of its denial of her benefits, because the plan did not explicitly...