Overview
HOLDINGS: [1]-In an action alleging unfair competition, plaintiff’s motion for summary judgment was denied because although some evidence suggested that the § 503A of FDCA pharmacy engaged in anticipatory compounding based solely on the 503B facilities’ order volumes, other evidence suggested that the 503A pharmacy’s compounding was based on specific patient orders, including the sample prescription forms in the record; [2]-Plaintiff’s motion for summary judgment to the effect that defendants had violated Section 503B by compounding sodium thiosulfate using bulk sodium thiosulfate before it was included on the Category 1 List, because the record was not sufficiently developed to determine what effect the FDA’s eventual inclusion of bulk sodium thiosulfate on the Category 1 list had on prior violations. The Los Angeles litigation lawyer represents appellant. The California litigation attorney made a motion to protect the party’s interest.
Outcome
Plaintiff’s motion for summary judgment, and for a finding of civil contempt and sanctions denied.
Overview
49 U.S.C.S. § 41713(b)(1) of the Airline Deregulation Act did not apply to the employees’ state wage claims against a ground handling service provider where the NLRB’s and National Mediation Board’s opinions under the Railway Labor Act were irrelevant, the statute referred to air carriers “that may provide air transportation,” and the provider had provided no evidence that held a certificate to provide air transportation. Under governing law from the United States Court of Appeals for the Ninth Circuit, the wage and failure to provide meal and rest break claims were not preempted.
Outcome
Motions denied.
