West Virginia Record

Friday, July 19, 2019

This Just In: Monongalia County

By Donna Kisner | Jun 15, 2007

June 1
Mylan Laboratories Inc., Mylan Pharmaceuticals Inc. and UDL Laboratories Inc. v. Eliot G. Disner, Eliot G. Disner, A Professional Corporation and John and Jane Doe Defendants 1-10
PA-Julia Chico Abbitt; J-Stone
* Mylan claims Disner and co-defendants committed legal malpractice as an advisor to Mylan on antitrust law. They claim his malpractice involved not fully investigating and or researching issues involving an exclusive supply agreement Mylan entered into with Profarmaco/GYMA; allowing Mylan to endanger itself regarding antitrust issues by entering into discussions with SST/FIS about a similar exclusive arrangement; and by, one an FTC investigation was launched, offering no advise on dealing with the risks involved but by instead underselling the FTC's ability to seek damages. Mylan claims these actions resulted in millions of dollars in damages and legal fees. Mylan also claims that John and Jane Doe defendants 1-10 were negligent in their legal advise and duties to Mylan, which resulted in detriment to them. Judgment against defendants is to be determined at trial, plus punitive damages, interest, costs, and attorney fees.
Case number: 07-C-358

June 8
The Book Exchange, Inc., v. West Virginia University, through the West Virginia University Board of Governors, Narvel G. Weese, Jr., Barnes & Noble College Booksellers Inc., dba West Virginia University/Downtown Bookstore, West Virginia University/Evansdale Bookstore, West Virginia University/Law Bookstore and West Virginia University/Health Sciences Bookstore
PA-Bader C. Giggenbach; J-n/a
* The Book Exchange claims the defendants unlawfully diverted monies from WVU students' financial aid for use at the defendants' bookstores without proper notice to students to abstain from the monies' diversion and without proper disclosure of the defendants' agreement. The Book Exchange also claims in doing so, the defendants created a monopoly on textbook retail, the same business with The Book Exchange is in, violating the West Virginia Antitrust Act, The West Virginia Electronic Mail Protection Act, The West Virginia Unfair Trade Practices Act and the West Virginia Consumer Credit and Protection Act. The Book Exchange claims the defendants' main motivation for diverting student funds was to take business away from The Book Exchange. This was not advantageous to students but confused them by means of deceptive marketing in the defendants' favor.
Case number: 07-C-369

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