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Case Law Update: Voluntary Dismissal

Quigg v. Walgreen Company, No. 2-07-0858 (3-2-09) found that the trial court did not abuse its discretion when it denied plaintiff’s motion to voluntary dismiss her complaint against pharmacy, while a combined motion to dismiss was pending, in order that she be able to file the case in Cook County. Further, because pharmacies are not subject to liability under the Mental Health and Developmental Disabilities Confidentiality Act without having entered into a therapeutic relationship with their customers, trial court correctly concluded that plaintiff has not stated a cause of action under the Act for allowing her former husband to obtain her patient prescription profile from defendant’s web site. This case will impact product liabilities cases.