Search for: ""duty to warn""
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12 May 2015, 7:52 am
The court stated the company had no duty to warn the man about a danger it did not create and had no actual or constructive notice of. [read post]
17 Aug 2012, 6:15 am
Under the laws of most states, Breg was under a legal duty to warn physicians and their patients of all risks associated with its pumps about which it knew or should have known. [read post]
30 Apr 2018, 10:08 am
The appellate court resolved these issues in the plaintiffs’ favor, but it resolved the issue of punitive damages and a duty to warn after the sale against them. [read post]
7 Mar 2017, 6:52 am
Contractor had no duty to warn, the court ruled, because the government knew at that time about the hazards of asbestos use. [read post]
28 Apr 2021, 5:06 pm
Failure to Warn In failure to warn claims, the manufacturer had a duty to warn consumers of dangers inherent in using the product but failed to do so. [read post]
19 Apr 2012, 7:08 pm
In Mensing, the Supreme Court ruled that FDA’s regulations preventing generic drug manufacturers from changing their labeling except to mirror the label of the brand-name, Reference Listed Drug (“RLD”) manufacturer (whose drug product is approved under an NDA) preempt state-law failure-to-warn claims against generic drug manufacturers, because generic drug manufacturers are unable to comply with both federal and state duties to warn. [read post]
6 Sep 2010, 11:32 am
Colleges and universities have a legal duty to warn students of known dangers and to provide reasonable protection. [read post]
4 May 2010, 4:21 am
Stodolka also complained that the school district failed to warn him that it might file disciplinary charges against him.The Appellate Division, citing Leotta v Hasl, 134 AD2d 429, pointed out that the school district “did not have a duty to warn [Stodolka] that his conduct was improper prior to bringing a proceeding against him" and, in any event, Stodolka was repeatedly warned via his annual performance evaluations that he was required to arrive to… [read post]
8 Nov 2018, 9:30 pm
In addition, repealing duty-to-warn laws for mental health providers—which require that they report a patient’s violent threats, perhaps causing patients to be less honest—could reduce teen suicides by 8 percent and decrease homicides by 5 percent. [read post]
30 Sep 2021, 2:50 pm
Importantly, manufacturers may have a duty to warn the public even after selling the product. [read post]
27 Oct 2017, 9:47 am
Plaintiffs allege that Johnson & Johnson failed in their duty to warn its consumers regarding the increased risk of cancer following the long-term use of their product. [read post]
5 Oct 2023, 6:31 am
As the case fell on the less serious end of the spectrum, it determined the judge made no error in considering the employee’s age, position and length of service in assessing just cause and asserting that the employer had a duty to warn the employee or provide an opportunity for the employee to respond. [read post]
22 Aug 2017, 5:42 am
Manufacturers who produced and distributed ACMs had a legal duty to warn the end user of the dangers inherent in their use. [read post]
3 Feb 2016, 7:02 pm
Cruise lines also have the duty to warn passengers about any dangers they might face offshore. [read post]
28 Apr 2021, 5:06 pm
Failure to Warn In failure to warn claims, the manufacturer had a duty to warn consumers of dangers inherent in using the product but failed to do so. [read post]
6 Oct 2014, 9:09 am
In the case at hand, the child’s parents alleged the cruise ship company failed to exercise its duty to warn the family about the dangers of the elevator. [read post]
26 Jan 2007, 6:52 am
In the case of the brand name company, since its product was not the one ingested, it had no affirmative duty to warn, and so it is being sued for its intentional or negligent misrepresentation in what it actually said in the PDR. [read post]
2 Jun 2017, 8:05 am
The trucking company also argued the trial court erred in finding the defendant driver owed a duty to warn other motorists not only of his stopped truck but also of the deer, that the plaintiff failed to prove the negligence of the driver was the cause of her injuries, and that the jurors’ award of damages wasn’t supported by evidence presented at trial. [read post]
13 Jul 2011, 8:55 am
Doctors have a duty to warn patients of known risks of a procedure or course of treatment. [read post]
16 Nov 2007, 9:17 am
However, it (the Board) does have some duty to warn, and I believe arranging for a town hall meeting for the purpose of discussing the issue and allowing the neighborhood watch to operate and allowing the placement of signs helps meet that burden. [read post]
