Search for: ""duty to warn""
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25 Apr 2011, 7:15 am
Defendants typically have no duty or limited duties to warn a trespasser of conditions or dangers that exist on the premises in question. [read post]
25 Jun 2019, 8:00 am
Related blog posts: $5.09 Million Jury Verdict for Negligent Use of Surgical Tack Applier Used to Secure Surgical Mesh Illinois Appellate Court Finds That Physician and Pharmacy Have No Duty to Warn of Medical Risks Associated With Long-Term Use of Reglan $105 Million Jury Verdict with Punitive Damages for Misdiagnosis of Cancer and Fraudulent Cancer Treatment The post $2.4 Million Jury Verdict in Failure to Evacuate Stomach Contents Before Lap Band Surgery appeared first on… [read post]
29 Nov 2011, 8:04 am
The law requires that drug manufacturers exercise due care, which includes a duty to warn of the dangers of its drug products. [read post]
29 Mar 2013, 12:59 pm
Therefore, they had a duty to warn. [read post]
31 Aug 2016, 1:31 pm
However, the panel, which consisted of three judges, declined to accept that argument, and claimed that because Janssen is a well-known drug manufacturer, it had a duty to warn physicians, and the labelling was a different matter. [read post]
19 Aug 2016, 11:48 am
The California Supreme Court adopted the “sophisticated intermediary doctrine” in regard to product liability claims, holding that a supplier can discharge its duty to warn only if it (1) provides adequate warnings or sells to a sophisticated buyer; and (2) reasonably relies on the buyer to warn end users of the harm. [read post]
8 May 2012, 4:30 am
Second, the risk of heart attack after drinking two gallons of Coke daily is not a risk of which Coca-Cola has a duty to warn. [read post]
8 Jul 2009, 5:40 pm
Then the National Law Journal followed suit with Lawyers warn employers against giving glowing reviews on LinkedIn. [read post]
14 Jan 2016, 12:00 am
The Duty to Warn of Known Dangers A manufacturer of any consumer medication is required to test that medication via clinical trials, and they must get approval from the government before they officially release that medication to the public. [read post]
24 Feb 2011, 1:49 pm
Many of the jurisdictions that have refused to impose a general duty to warn have done so on the basis that the learned-intermediary doctrine places the duty to warn with the prescribing physician. [read post]
10 Aug 2020, 2:24 am
The bare metal defendants argued that warnings cost time and money, but the majority seemed to think otherwise; warnings are inexpensive and easy to give, which counted in favor of finding a duty to warn. [read post]
23 Sep 2014, 7:42 am
The Ninth Circuit reverses, concluding that Section 230 does not bar Doe’s duty to warn claim. [read post]
13 Jan 2012, 8:47 am
“[R]ecognition of such a duty could lead to an overabundance of potentially conflicting product warnings. [read post]
30 Aug 2022, 12:55 pm
Since 2017, you have taken the position that you have a "duty to warn" the public that President Trump presents a threat to public safety. [read post]
2 Nov 2016, 3:03 pm
Underlying this charge is the idea that Subway owed a duty to warn Ms. [read post]
29 Sep 2011, 2:09 pm
The duty to warn is much narrower . . . . [read post]
25 Apr 2008, 10:00 am
The doctrine has been described "as imposing no duty to warn if the user knows or should know of the potential danger, especially when the user is a professional who should be aware of the characteristics of the product. [read post]
16 May 2013, 2:09 pm
While manufacturers have duties to warn about drugs, publishers to not assume them merely by publishing information written by drug companies. [read post]
4 Sep 2014, 12:42 pm
Other cases finding preemption of post-sale duty to warn claims asserting a mandatory state-law requirement to change a warning through the CBE process are: Scanlon v. [read post]
23 Mar 2015, 2:12 pm
Under the GTLA, a plaintiff making a premises liability claim must prove that “(1) the governmental entity owns and controls the location or instrumentality alleged to have caused the injury; (2) a dangerous, defective, or, in the case of sidewalks, unsafe condition caused the injury; (3) the governmental entity had actual or constructive notice of the dangerous condition; and (4) the governmental entity breached either its duty to eliminate the condition or its duty to… [read post]
