Saturday, April 25, 2015

Question of the Day April 25, 2015 Would the Randol Mill Pharmacy decision by the Texas Supreme Court have been different in a post-DQSA case? What, if anything, would the Texas Supreme Court have said about the conflict between the DQSA and the Texas Board of Pharmacy Rules in a post-DQSA act case where the pharmacy is not registered as an outsourcer but supplies non-patient specific compounds for office use in violation of federal law? Does it matter for purpose of the Texas liability statute? Why or why not?

3-1014 RANDOL MILL PHARMACY, KVG ENTERPRISES, INC., GARY G. DALEY, JOHN WAYNE BAILEY, JAMES ROBERT FORSYTHE, KEVIN LYNN HEIDE, JULIE KNOWLTON LUBBERT, AND CARA MORRELL v. STACEY MILLER AND RANDY MILLER; from Tarrant County; 2nd Court of Appeals District (02-12-00519-CV, ___ SW3d ___, 09-19-13)    The Court reverses the court of appeals' judgment and remands the case to the trial court.  

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