Search for: ""duty to warn""
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16 Feb 2009, 2:27 am
On the eve of trial, Judge Freedman had denied defense motions to exclude testimony by Thomas’ medical experts and industrial hygienist, but granted a motion to preclude a plaintiff warning expert from offering an opinion as to whether defendants had a duty to warn or on the effectiveness of defendants’ warning labels. [read post]
21 Dec 2015, 1:17 pm
In so doing, the Court noted that its conclusion with respect to the duty owed is accompanied by “three observations:” (1) the duty imposed is a small one – where a medical provider administers medication that impairs or could impair the patient’s ability to safely operate an automobile, the medical provider satisfies its duty by warning of those dangers; (2) the duty is met by simply advising/warning, and not… [read post]
17 Mar 2009, 11:20 am
Proposition 65 contains several exemptions to its warning requirements, one of which provides that there is no duty to warn if a chemical is naturally occurring in food. [read post]
21 May 2019, 5:51 am
The Respondents are 500 individuals claiming that under state law, Merck, Sharp & Dohme had a duty to warn them of potential femoral fractures. [read post]
3 Dec 2009, 6:24 am
Well, they can always file suit if you have breached an agreement and have no legal duty to warn you. [read post]
12 Jan 2012, 12:17 pm
The Supreme Court, reversing a Court of Appeal decision to the contrary, ruled that there was no duty owed and for and no duty to warn about defective products manufactured and sold by another, even if they were foreseeably used in the defendant's product. [read post]
8 Aug 2012, 8:05 am
Indeed, Rosa strongly suggests that only articles that are publicly available prior to the alleged injury and articulate a scientifically-validated causal link between a manufacturer’s product and the plaintiff’s injury will trigger the manufacturer’s duty to warn of that injury. [read post]
21 Dec 2015, 1:17 pm
In so doing, the Court noted that its conclusion with respect to the duty owed is accompanied by “three observations:” (1) the duty imposed is a small one – where a medical provider administers medication that impairs or could impair the patient’s ability to safely operate an automobile, the medical provider satisfies its duty by warning of those dangers; (2) the duty is met by simply advising/warning, and not… [read post]
3 May 2013, 9:44 am
The property owner also has a duty to warn customers of hazardous conditions, especially if those conditions cannot be fixed. [read post]
27 Apr 2010, 10:40 am
Still, Bayer is not putting a warning on Yaz/Yasmin that is going to clear its duty-to-warn obligation in future blood clots cases (and, again, this warning has no impact on the Yaz gallbladder cases). [read post]
26 Jul 2011, 8:32 am
Then, maybe the harder hill to climb was whether there was a duty to warn about that increased risk and whether it would have made a difference. [read post]
18 May 2012, 4:44 pm
As far as licensees, the landowner owes a duty to warn of or to make safe hidden dangers known to the landowner and a duty not to intentionally, wilfully, or through gross negligence cause injury. [read post]
21 Nov 2011, 5:23 am
Second, a property owner has a duty to warn trespassers of known dangers that are not open or obvious. [read post]
15 Aug 2012, 8:00 am
The suit claims that the defendants had a duty to warn the ultimate user of the defective design. [read post]
8 Aug 2011, 4:30 am
As part of the State’s duty to keep its property reasonably safe, it has a duty to warn of a dangerous condition that is not open and obvious. [read post]
17 Jun 2010, 10:27 pm
., “We Probably Shouldn’t Put This in Email” [Balasubramani, SpamNotes] “My biggest wish was that I would get a cease and desist from the company that publishes Marmaduke” [Walker, Reason "Hit and Run"] California proposal to jail parents for kids’ truancy [Valerie Strauss/WaPo via Alkon] Parents arrested on charges of forging doctor sick note to excuse third grader [Glenn Reynolds, Dan Riehl] UK judge: NHS need not fund transsexual’s breast… [read post]
19 Oct 2020, 7:41 am
As a result, both Westinghouse and Foster Wheeler argued that they did not have a duty to warn for asbestos-containing parts manufactured by third parties. [read post]
23 Sep 2011, 12:13 pm
Most recently, Sacramento County has claimed that the county is entitled to immunity from the civil lawsuit, but Superior Court Judge Rudolph Loncke rejected this argument, stating that either a jury or an appellate court must make the decision whether the county and the conservator had a duty to warn the group home operators. [read post]
20 Mar 2011, 11:47 pm
(Link is fixed)Derrick DePledge has a piece in the Star Advertiser today about a bill that holds that authors and in some cases publishers of visitor guides and websites have a duty to warn readers of dangerous conditions. [read post]
27 Apr 2010, 10:40 am
Still, Bayer is not putting a warning on Yaz/Yasmin that is going to clear its duty-to-warn obligation in future blood clots cases (and, again, this warning has no impact on the Yaz gallbladder cases). [read post]
