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2 Jun 2014, 4:36 am by SHG
  And the argument is that the Tarasoff duty to warn is at fault. [read post]
31 Jan 2022, 5:01 am by Eugene Volokh
Duties to Warn of Danger Courts could likewise demand that people who have been threatened by criminals issue a warning to neighbors, visitors, and others, as a special kind of precaution: Danielle as been threatened with a crime by Craig if she does something (continues seeing a new lover, sells blasphemous books, performs abortion). [read post]
23 Sep 2018, 2:10 pm by Jeffrey P. Gale, P.A.
The others are product liability cases where it is the duty to warn that is non-delegable. [read post]
11 Aug 2009, 9:19 am
The jury must decide whether Merck had a duty to warn about Fosamax before then, he said in an Aug. 5 ruling. [read post]
11 Aug 2020, 2:48 am by Schachtman
By contrast, we dilute the incentive of a manufacturer to warn about the dangers of its products when we require other people to share the duty to warn and its corresponding costs. [read post]
1 Dec 2010, 11:34 am by David Walk
PLIVA then moved for summary judgment based on lack of proximate cause.The court first noted that the West Virginia Supreme Court of Appeals had held that drug manufacturers had a duty to warn consumers but had not clarified whether they also had a duty to warn the physician. [read post]
16 Aug 2017, 7:14 am by Neumann Law Group
Even if NuCraft did have a duty to warn, the appeals court reasoned, there was no question of fact regarding whether NuCraft met this burden. [read post]
9 Apr 2008, 5:49 am
If a physician should have known of a risk associated with a drug, the manufacturer should have no duty to warn. [read post]
11 Jan 2013, 11:12 am by Bexis
While the duty to warn may run only to the prescriber, causation can be severed at any point, and here the FDA-mandated patient brochure skipped over the prescriber and adequately warned the patient a [read post]
13 Nov 2014, 5:00 am
  Well, first the learned intermediary rule means that the duty to warn only runs to prescribers, not patients, so prescription medical product warnings are judged by what such learned intermediaries are expected to know and respond to. [read post]
8 Jan 2015, 9:44 am
  That’s the same duty-to-warn-about-anything-that’s-foreseeable argument that’s at the core of innovator liability claims. [read post]
5 Feb 2015, 1:44 pm
 The plaintiff further reasons that such knowledge on the part of [defendant] gave rise to an ongoing duty to warn the purchasers and recipients of such copied products manufactured by other companies. [read post]
14 Dec 2015, 2:14 pm by Michael Grossman
While a manufacturer may argue that their particular component design is perfectly safe when used properly, they have a duty to warn consumers of potential, known risks associated with misuse of the product. [read post]
4 Mar 2010, 10:58 am by Beck, et al.
  She claimed there should be a duty to warn about possible risks of possible off-label uses. [read post]
20 Dec 2017, 4:44 pm by Jim Walker
Cruise lines also have a legal duty to warn passengers of dangers in foreign ports of call. [read post]
7 Aug 2014, 5:00 am
While prescription drugs and medical devices are often lumped together in this area of the law, the Court declines to apply [medical device] dicta regarding permissible prescription drug express warranty claims in the face of a uniform body of prescription drug cases reading Hahn as barring such claims.Id. at *10 n.8 (citations omitted).There are other interesting rulings in Rowland (as is usually the case with A/Z cases) − (1) no learned intermediary duty to warn to… [read post]
13 Nov 2013, 1:13 pm
  Prescription drug manufacturers have a duty to provide adequate warnings in connection with their products, but only to prescribing physicians – the learned intermediaries – and not directly to patients. [read post]
17 Jan 2013, 1:43 pm by Bexis
”  Assuming that a duty to warn falls on the hospital . [read post]
8 Apr 2014, 6:15 am
  South Carolina recognizes the learned intermediary doctrine, and as we all know under that doctrine the manufacturer’s duty to warn runs to the prescribing doctor, not the patient. [read post]