Court cases States

The DEA has documented approximately 4,500 federal, state, and local law enforcement investigations involving the distribution or possession of Rohypnol within the United States since 1985. The cases are spread across 38 states. However, at least two-thirds of those cases are in Florida and Texas, according to testimony given before Congress in 1999 by Terrance Woodworth, Deputy Director of the DEA s Office of Diversional Control. Since 1994, at least nine people have been convicted of sexual assault in five state court cases in which there was evidence that Rohypnol was used to incapacitate the victim. The DEA is aware of 17 other sexual assault cases that took place between 1994 to 1998 in which there is evidence to suggest Rohypnol was used. 

Federal Carrier Cases, Commerce Clearing House, Inc., Chicago, HI. Continuing series of volumes selectively reporting decisions of ICC and U.S. federal and state courts pertaining to motor carrier, water carrier, and domestic freight forwarder regulation. 

Document quote that states the selling price and other sales conditions of a material, product, etc. has different meanings. Did you know that by law if someone reports that verbally the vender made statements such as buy this injection molding machine and all you have to do is push a button to make good/acceptable products the vender is legally in trouble. Even if that person wins the case (rare), it will be very expensive to pay for the court case. 

In 2002, the Supreme Judicial Court of Massachusetts joined a growing number of state courts that have recognized a responsibility of pharmacists to warn patients of possible side effects from prescribed medications. In the case of Cottam v. CVS Pharmacy (764 N.E.2d 814), that court affirmed a jury verdict in favor of a patient who had not been warned of the risk of priapism by the pharmacist who dispensed trazodone to him. The facts of the case disclosed that the pharmacy provided a short list of warnings to the patient but priapism was not included on the list. The court ruled that when a patient can reasonably conclude that a list of side effects is a complete and comprehensive list, the pharmacy has undertaken a legal duty to provide complete warnings and information. 

If the relationships between the previous employer, who owns trade secrets, the departing employee, and his new employer degenerate to the position that court action appears imminent, that action may well be taken in a state court or a federal court applying state law, and a jury may make the decision. A jury sometimes gives specific answers to specific interrogatories but usually delivers a verdict on the evidence without explanation. It is difficult, therefore, to predict what a jury will hold. It is also difficult to reason from the verdict in one case to another. 

By the late 1980s, it had also become clear that reliance on a combination of Commonwealth and State legislation was not the best way to ensure that desired standards were met. There were many complaints about loopholes and lack of uniformity. The way forward came from an unexpected source, namely, a court case that confirmed that the Commonwealth Government has powers over all corporations, and thus these powers could be used in relation to therapeutic goods matters even if they occurred within one State. 

City of Salina v. Blaksley, 72 Kan. 230 (1905) This is a Kansas State Supreme Court case (vol. 72 of the Kansas reporter). 

Sprigman, Chris. This Is Not a Well-Regulated Militia. Open Forum, Winter 1994, n.p. Reviews Supreme Court cases and concludes that the Court has interpreted the Second Amendment as protecting state militias, not as an individual right to bear arms. Sprigman cites United States V. Miller (1939) and argues that the militia concept is probably not relevant to modern America. 

Chiang, Harriet, and Kevin Fagan. Gunmakers Can Be Sued by Victims. San Francisco Chronicle, September 30, 1999, p. Al, A19. Reports that a California state court of appeals has, for the first time in U.S. legal history, ruled that a gun maker can be held liable for the criminal use of its products. The case arose ftom a 1993 mass shooting in a San Francisco office building. 

The District Court held the section unconstimtional for the reason that it was not a revenue measure, and was an invasion of the police power reserved to the state. .. The case came to the U.S. Supreme Court on appeal. 

Here the parties are Brandenberg (the defendant who is appealing his case from a state court) and the state of Ohio. The case is in volume 395 of the U.S. Supreme Court Reports, beginning at page 44, and the case was decided in 1969. (For the Supreme Court, the name of the court is omitted.)... 

Retirees respond well to lectures, forums, and articles that discuss how to avoid probate. They seem interested in any technique that will help them beat the system. The more you can learn about legal ways to accomplish this, the better. One area to pay particular attention to—political debates about estate tax. A major decision is to find the right professional to help you. This person should know current federal and state estate-tax laws as well as recent applicable court cases. The right... 

This issue has been addressed in court cases over the years. In one case seven Boston State Hospital patients filed suit to stop the (nonemergency) administration of medications without their informed consent. Belatedly, the patients claimed the right to refuse medication. The psychiatrists faced a dilemma. On the one hand, they knew by experience that certain drugs were able to significantly relieve emotional distress. On the other hand, some of these drugs had unpleasant side effects euid patients understandably might want to avoid these. The court decided in favor of the patients. It ruled that patients (whether voluntarily or involuntarily admitted to the hospital) should be presumed competent to accept or refuse psychotherapeutic medications. The court added that when a patient was not deemed competent, the decision whether to use medications needed to be made by a court-appointed guardian. 

Between 1926 and 1936, eight major cases came before state courts in which marihuana was an issue. The decisions rendered in these cases are noteworthy for the fact that typically the judgments relied on mythology and opinion rather than on any scientific evidence of the dangers of marihuana. 

Most product liability cases are heard in State courts, making the Rand analysis potentially unrepresentative of all litigation. 

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