FAMILY MEDICINE CO. LLC V. IMPAX LABORATORIES, INC. – A CASE THAT REMAINS IN MOTION

In the case of law entitled Family Medicine Pharmacy LLC V. Impax Laboratories Inc., the aforementioned company brought a suit against Impax Laboratories Inc., claiming that it had breached 1991’s Telephone Consumer Protection Act (TCPA) by sending advertisements for its EpiPen via fax to thousands of pharmacies, including the Family Medicine Co, LLC.

Impax Laboratories has agreed to pay 4.8m in a bid to finalize the Class Action suit leveled against them. The Family Medicine Co. LLC asserts that Impax Laboratories has been illegally advertising their product, an epinephrine auto-injector, since 2013. The company Mylan introduced EpiPen into the market, which is a similar product, and the Impax auto-injector is the cheaper alternative to Mylan’s product.

The Class Action suit was heard in a courtroom in Southern Alabama. The final settlement of 4.8m US dollars will be broken down into an award of US $500 for each of the faxes received by approximately 48, 150 members of the Class Action suit.

The plaintiff in the suit, Family Medicine LLC, will receive remuneration of US $20,000 for their role as Class Action representative. This Class Action suit was placed on record for the first time in January 2017. On March 2017, Impax Laboratories filed a Motion to Dismiss the Class Action Complaint that had been filed by the Family Medicine Co LLC., earlier in the year. In response to the Motion to Dismiss the Family Medicine Co LLC., filed an Amended Class Action, which is now the case that is in motion before the court. The initial Class Action suit has been dismissed completely.

However, a number of issues arise from these actions, including the question of whether the Motion to Dismiss has any validity because the document against which the Motion to Dismiss was filed no longer has any legal force. Accordingly, the Motion to Dismiss may be deemed Moot and no longer applicable.

In the case where the Defendant wishes to renew the Motion to Dismiss, this party must wholly reproduce its initial arguments prior to the date of April 25, 2017. This is because the Defendant may not refer to arguments that may have been produced in the original documents.

https://www.leagle.com/decision/infdco20170412b11

Emma Fox “Regretful”: Faces Supreme Court 11 Months After DUI Death of Robby Schartner

Emma Fox is apparently feeling remorseful after a chain of decisions that landed her with a case in the state Supreme Court. The 25-year-old has been charged with second-degree vehicular manslaughter, reckless driving, speeding, and two counts of driving under the influence of alcohol. The charges come after she struck and killed 21-year-old college student and lacrosse player, Robby Schartner, who was traveling on foot. According to her lawyer, the tragic event is something she regrets every day.

On the early-morning of Oct. 9, 2016, Fox left alone after drinking and partying with friends at The Pub in Rye and La Quinta Inn & Suites in Armonk. Schartner was walking toward the Manhattanville campus after visiting a string of bars on Mamaroneck Avenue and getting separated from his friends. Fox proceeded to drive her 2012 Nissan Sentra in the same direction he was heading to the school. By record of local police, she hit Schartner near the White Plains overpass.

Fox continued driving about a quarter-mile before stopping to call police. She told the officers she was looking down at directions on her GPS when she hit an unknown object. After finding Schartner’s body near the overpass, White Plains Police arrested Fox. The charges came after they confirmed her breath test showed her BAC as 0.21 percent, 0.13 over the legal limit for driving under the influence. The charges were moved from first-degree to second after conflicting breath test results. The hospital’s test results from an hour and 45 minutes later showed her BAC to only be 0.09 percent.

Now 11 months later, Fox’s case has been transferred from White Plains City Court to state Supreme Court.

According to USA Today, Hall’s attorney stated she remains devastated over the death of her son. She also filed a wrongful death civil suit last month against Emma Fox and the bars that patronized her the night of Schartner’s death.

Meanwhile, the lacrosse team remembered their teammate and took steps to make a difference with the launch of their #TeamThree campaign. The initiative against drunk driving that honors his uniform number went viral, gaining the attention of several notable influencers. Odell Beckham, wide receiver for the New York Giants and the band Aerosmith took notice and helped push the cause.

16 Years After the 9/11, First Responders Fight for Health Continues

Robert Alexander, an emergency first responder to 9/11 event and a reputed New York city police officer, died of cancer-related issues last month. His death was preceded by the death of his father Raymond Alexander, a firefighter by trade, who was also working as an emergency first responder during the WTC attack. But these two are not the only ones’ who sacrificed their lives for the goods of others. There are literally stories of thousand other first responders who fought off bravely during the terrorist attack but later suffered from severe health and mental disorders.

CDC’s WTC health program, where nearly 7,000 individuals are enrolled, offers monitoring and health care services to emergency responders and volunteers. Around 6,000 of that total figure actually worked during the 9/11 attack. But government and federal authorities only came to their aid once it was established through class-action lawsuits and direct pieces of evidence from autopsies that emergency first responders and volunteers working at the site during rescue and evacuation were exposed to life-threatening carcinogens and other toxic substances.

After continuously haggling for years, the federal authorities eventually passed a law in 2010 named after a deceased NYC detective James Zadroga, who died of respiratory complications in 2006, thought to have incurred by working during and after the 9-11 event. But for the law to be reauthorized in 2015, it took extensive lobbying and great effort from all involved parties. Likewise, at the state level, it took years for affected families to receive their compensations and death benefits.

But it was not all about medical ailments, as two independent studies confirmed that witnessing the attack rendered people psychologically vulnerable, and most of them witnessing the 9-11 suffered from post traumatic stress disorder. “You never recover fully,” as stated by a military officer who worked during the attack at Pentagon, and agreed by million others – their ailments and psychological distress have forced authorities to improve several aspects of emergency responders’ resources.

September 11, 2001, was a black day in the history of US, and at the same time, a constant reminder of the sacrifices of thousands of emergency responders and volunteers. People now know what they actually had to go through to save others, and hence utmost respect is afforded to all those real life heroes from people of not the only US, but from all corners around the globe.

 

4 Years After incident, $14,000 Settlement is Approved Against Norfolk Officer Charged with Breaking 11-Year-Old’s Arm

On October 10th, 2013 at Blair Middle School, 11-year old Tae’Quan Smith left his class line outside of the cafeteria to use the restroom. What followed was “great force and violence” committed by school resource officer and 22 year veteran, Officer Cynthia LaVertu. This according to a $500,000 lawsuit against her actions, is where LaVertu allegedly grabbed Tae’Quan by the arm, and then forced his contact with a wall or locker. Four years later, LaVertu continues to patrol for the Police Department, according to spokeswoman Cpl. Melinda Wray, but was removed from Blair Middle School after the incident.

Jonathan DeLoatche, the Smith attorney, stated that police officers are not to enforce discipline in school unless there is a crime or imminent threat. “He was committing no crime, and there was no imminent threat to (anyone). It was goofing off in the hallway, if anything.” Tae’Quan’s mother, Tandakelia Smith, was suing LaVertu for gross negligence and battery toward her son. Smith had her son admitted to the Children’s Hospital of the King’s Daughters (CHKD), where a minimum of two doctors concluded and testified that his left forearm was broken and it was possible he may not fully recover.

LaVertu’s lawyers alleged Tae’Quan disobeyed his substitute teacher when he wouldn’t get back in line. The officer told the student that he wouldn’t be disrespecting the teacher, before taking action. As part of her counter-argument, LaVertu noted there was no evidence of a break in any of Tae’Quan’s X-rays or MRIs. Support to her testimony would have included two doctors who analyzed the X-rays concluding there was no sign of a break, and the doctor who treated Tae’Quan at CHKD who would have testified the boy had a left shoulder strain. This requiring he wear a sling for a few weeks.

However, due to his age, doctors initially treating Tae’Quan believed the arm’s growth plate was fractured and treated the arm as such.

Ultimately, Judge Michelle Atkins approved a $14,000 settlement on July 28th. It concluded that Smith attorney DeLoatche be compensated $5,800 and $626 go toward the medical costs incurred. The remaining funds, $7,564, will be held by the Circuit Court Clerk and then distributed to Tae’Quan Smith, currently fifteen years of age, when he reaches adulthood. According to DeLoatche, Smith is currently in good health with no sign of permanent arm damage.

Rhodes Island Hospital Booked for Non-compliance to the Americans with Disability Act

The law through the Americans with Disabilities Act requires all hospitals to provide adequate communication means to help those with physical impairments. However, most hospitals have not complied with this requirement.

A case in point is the current lawsuit filed against Lifespan Corp, Rhodes Island Hospital and its pediatric wing, Hasbro, by the Rhode Island Association of the Deaf. The association filed the suit on behalf of two mothers: Peggy Mehri and Kathryn Arcana.

Peggy Mehri

Peggy, widowed in May this year, has had issues with the Rhode Island Hospital for some time. Both Peggy and her husband had a hearing impairment. Her woes at the facility began with the diagnosis of her husband with lymphoma complications.

Fleeing the Hospital

On different occasions, they requested for an interpreter with little success. The suit says that at some point when Semi got hospitalized with dehydration sepsis, he was so frustrated by the poor communication that he tried to flee from the facility.

Another part of Peggy’s suit involves her son. Recently, he was admitted at Hasbro for an apparent discomfort. Again the facility failed to provide an interpreter for her. What’s worse, they did not inform her of her son’s shoulder injury or that he needed a psychiatric.

Kathryn Arcana

Kathryn is also widowed and hearing impaired. Her issues with Hasbro dates back to 2014. Her son Luke C suffers from an inherited blood disorder and sickle cell anemia. However, according to the suit, the hospital has continuously refused to provide effective ways of communicating to her the condition of her child despite taking him through numerous blood transfusions.

The culmination of her woes was the removal of Luke’s spleen without her informed consent. She became so distressed with Hasbro’s lack of initiative to help her that she fell sick, the suit adds.

Unfair wages

According to the lawsuit, the lack of interpreters at Rhodes Island Hospital is due to the facility’s unwillingness to pay fair wages to interpreters.

The President of RIAD, Todd Murano, stated that this had caused unfathomable distress and frustration to the deaf community in Rhodes Island.

Points of interest

The lawsuit demands that the US District Court finds the facility guilty of discrimination against these women. It also asks that the court orders Lifespan Corp to employ qualified interpreters as demanded by law.

Fetty Wap Slapped With A $242,703 Lawsuit for Defamation and Unpaid Wages

Rapper and reality show star, Fetty Wap, is facing a $242,703 lawsuit filed by his former employee Shawna Morgan for alleged breach of contract and defamation. This is the second civil case that the New Jersey based rapper has had in 2 years after he was sued by a Danish artistin 2015 for using copyrighted beats in his 2015 single, “Trap Queen”.

According to the court documents, Shawna Morgan has filed a collective complaint against Fetty Wap, Fetty Wap Touring Inc., and RFG Productions Inc. Fetty Wap Touring Inc. is a corporation based in Hackensack, New Jersey responsible for running Fetty’s touring operations. RFG Production, on the other hand, is the company that is in charge of Fetty’s business operations.

Morgan complains to the court that Fetty has neither paid her for the services she provided to him during his tours nor reimbursed her for all the performance related expenses that she paid for him at the request of Fetty Touring and RFG. Morgan further claims that Fetty and the two companies that represent him have not paid her the commission that she earned during the tour. She says that they had agreed to pay her a fee of 5% or 10% of the booking fees per show as compensation for the supervisory work that she did during the shows.

Apart from her getting the compensation that they owe her for the services she rendered, she is also trying to get back the regular travel and expenses that she paid for Fetty. She asserts that she covered these expenses based on the agreement that Fetty and his corporations would reimburse her promptly and regularly.

In her lawsuit, Morgan says that Fetty Wap and the two companies have not being paying her as agreed. According to her court submission, they had not paid her reimbursements and commissions since late 2016 and early 2017. Morgan maintains that Fetty Touring owes her $176,408.79, while RFG owes her $66,294.42. In total, Morgan is trying to get a total of $242,703.21 from Fetty and his companies.

In response to Shawna Morgan’s lawsuit, rapper Fetty Wap claims that the lawsuit filed on August 28 has no grounds. According to Fetty, he fired Morgan for allegedly misrepresenting herself as upper management.

In a press release, released by Fetty on August 10, he further states that he dismissed her because she had been stealing from him and his clients. According to him, she stole more than a quarter of a million dollars.

Morgan has since then refuted these allegations and launched a defamation lawsuit against Fetty.

First Responders Sue Chemical Plant After Toxic Fires Result from Hurricane Flooding

On August 31, Arkema Inc. suffered from a series of fires at their chemical plant in Crosby, Texas. The chemical fires were a result of Hurricane Harvey flooding. First responders that arrived at the scene are now suing Arkema Inc. for failing to inform anyone of the toxic fumes given off in the facility.

 

Who Is Arkema Inc.?

Arkema is a chemicals and materials manufacturer headquartered in France. It has global operations, billions in assets, many research centers, and over a hundred production plants around the world.

At the Crosby, Texas location, Arkema produces liquid organic peroxides. Without refrigeration, these chemicals can catch fire. When flooding occurred from Hurricane Harvey, the company couldn’t prevent explosions from occurring at the plant.

 

Who Is Suing Arkema Inc.?

Seven first responders who arrived on the scene after the explosions filed the initial lawsuit against Arkema. They allege that no one warned them of the possibility of dangerous toxic fumes in the air. They say no one informed them multiple explosions occurred at the plant prior to them arriving.

They arrived without proper protection. The first responders included sheriff’s deputies and medical personnel. The first responders say they grew ill and started vomiting at the site. Many of them went to the hospital.

 

How Did Arkema Respond?

The first responders claim Arkema representatives repeatedly said the smoke from the burning chemicals is non-toxic. Arkema says they did not mislead anyone concerning the dangers of breathing the smoke from the fires. They intend to fight the allegations against them.

 

Who Else Was Affected?

Another lawsuit against Arkema is likely. This one will come from homeowners closest to the plant. This comes from the evacuation of some homes while the company destroyed their degrading organic peroxide.

Arkema representatives and government agencies found no evidence of toxicity in the air in areas away from the plant. After days of testing the air over the plant, the EPA found no chemicals that exceeded air quality values.

Overall, this is still an ongoing case. Investigations remain underway. Results of the lawsuit are in the future. What impact this and any other lawsuits may have on chemical plants or regulations in Texas remains in question.

Family Sues Scout For Wrongful Death Of Their Son

In a recent turn of events on the corridors of justice, the Boy Scouts of America were arraigned in the Dallas County District Court for negligence over the demise of a Fort Worth teenager three months ago.

The grieving parents of Reid Comita, 15, have sued the Irving-based scouting organization for the wrongful death, alleging that lack of adequate supervision and safety training led to the death of their son. Comita was seeking his final merit badge to achieve the prestigious Eagle Scout status when he met his untimely death; Reid died of a heat stroke in the remote West Texas at Buffalo Trail Scout Ranch on June 12. In a recent interview with WFAA, the father of the deceased, John Comita, was of the view that the Boy Scouts of America are to be held responsible for his son’s demise. “The Boy Scouts are to be held responsible for my son’s death” he said.

According to Reid’s parents, they signed their son up for a beginner, but he ended up on a more arduous trail in the scorching 99-degree heat. The parents are suing the scouts for sending their son on an “extremely aggressive hike” through a rugged and remote terrain in Southwest Texas. “He wasn’t an athlete. He was not prepared to go on an advanced hike” his father said. Photos from the Boy Scouts Facebook fan page show a rugged, mountainous terrain that meanders through the Jeff Davis County.

The lawsuit also faults the scouts for sending Reid on a hike devoid of proper training before leaving the camp. The petitioner further faults the scouts for sending Reid with two other teenagers, a 14 and 18-year old, instead of the two adults that the regulations require.The turn of events has left Copper, Reid’s mother emotionally strained, crushed, baffled and angry as well. The lawsuit further faults the scouts for the communication glitch; the parents claim that they were never notified of their son’s death for more than four hours.

On Thursday, the Scouts declined to comment on the lawsuit but issued their deepest condolences to Reid`s family. Also, they assured the friends and families of the members that the health and safety of their members remained their biggest priority. According to Copper, Reid was “very special”; he had just cleared his freshman year at Keller Central High School. When he was not earning merits and badges, Reid participated in the men’s choir. For Copper, the loss of such a brilliant son is a void that cannot simply be filled.

Jury Awards $18.5 million to Jefferson, Kentucky Hunter Injured in Fall

On Thursday, August 10th, a Jefferson, Kentucky Circuit Court jury reached a verdict in the case of O’Bryan vs Primal Vantage Co., finding in favor of the plaintiff, Kevin O’Bryan. Mr. O’Bryan was awarded $18.5 million in damages stemming from the injuries he sustained five years earlier while using a product manufactured by the company.

Mr. O’Bryan was out turkey hunting on May 3, 2012, in a tree stand made by Primal Vantage Co. which he had purchased at Dick’s Sporting Goods five years earlier. Polypropylene straps securing the tree stand to the tree failed, the tree stand collapsed, and Mr. O’Bryan was seriously injured after falling to the ground. Following the incident, he suffered from chronic pain and paralysis and endured a divorce.

The legal basis for O’Bryan’s suit against the product manufacturer was founded in negligence and product liability theories that hold a manufacturer or seller liable for placing a dangerous or defective product in the hands of a consumer. In this case, though the product itself was not defective, the product’s marketing was defective in that the labeling did not warn him of the dangers. The civil case presided over by Justice McKay Chuvin ended in the jury’s unanimous ruling that Primal Vantage Co. had not provided Mr. O’Bryan reasonable warning that the tree stand’s securing apparatus — polypropylene straps — were at risk of failure.

Per the verdict form, the jury awarded Mr. O’Bryan $869,975 for past medical expenses, $1.2 million for lost wages, and $13 million for pain and suffering. Sante O’Bryan, his ex-wife, was awarded $80,000 for loss of consortium. Court records state that O’Bryan did not use a safety harness or take other precautions (such as inspecting the tree stand’s stability) which may have prevented his fall; though the jury sided with Mr. O’Bryan’s claims, they found him 50% at fault for his injuries, which reduced the damages awarded to him by half.

Ann Oldfather, Sean Deskins and Michael Hasken represented Kevin O’Bryan; Sante O’Bryan was represented by Jeff Adamson and Paul Casi III.

The Church Versus State: Putnam City School district in the Crossfire.

The Church Versus State: Putnam City School district in the Crossfire.

Husband and wife, Adam and Kelsey Daniels on Monday filed a lawsuit against the Putnam City school district and staff for alleged harassment and defamation of character. In the law suit, the two, claim that they have consistently been stressed and harassed by the school’s staff because of their religious practices.

According to Adam and his wife, their troubles began in 2013 when the school became aware that the Daniels practice a religion called Anramainyu. Anramainyu is described as the worship of Ahriman who is also known as the destroyer of good, god of darkness and the creator of evil. For those who practice this religion, it is not ‘Satanism.’ Adam says they worship a being that ‘predates’ Satan. The complainants claim that the indifferent treatment they have received from the school because of their religious practices is a violation of their civil rights.

The family says that, within a few years, they have been visited more than 30 times by officers from both Child Protective Service and the DHS. Apparently, all the visits were necessitated by falsified information provided by the school’s district staff. The family also added that both teachers and students bullied their children. In as much as the District officials were aware, no action was taken.

The plaintiffs also claim that their special needs daughter was subjected to strip searches by the school’s nurse on several occasions. From Adam’s perspective, “We believe that the strip searches were to check for abuse because of what they believe we do and how we practice our faith.” The same child is also said to have returned home with injuries. When asked, the school could not provide satisfactory information.

The family hopes that the lawsuit will stop the school district from using the DHS and CPS to mount pressure on them because of their religion. The lawsuit is also seeking an amount of USD 300,000 as compensation for mistreatment and defamation of character by the school district. The Daniels believe that the law suit will help them protect their special needs daughter.