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5 Jan 2009, 7:47 pm
Twombly requires the factual basis of a violation claim to be pleaded.(3) Warning claims, including post-sale duty to warn allegations, are preempted. [read post]
9 Mar 2012, 4:22 am by Dianne Saxe
Municipalities have a statutory duty to maintain their roads in a proper state of repair (see, for example, s. 44 of Ontario’s Municipal Act), and a common law duty to warn the road users of hazards. [read post]
16 Aug 2022, 8:00 am by Robert Kreisman
Related blog posts: Illinois Appellate Court Finds That Physician and Pharmacy Have No Duty to Warn of Medical Risks Associated With Long-Term Use of Reglan State Supreme Court Affirms Dismissal of Lawsuit Against Bayer Corp. for Lack of Personal Jurisdiction U.S. [read post]
3 Mar 2010, 7:47 am by Page Perry LLC
When market developments in the second half of 2007 exponentially increased the risk of auction rate securities, broker-dealers and investment advisers had a duty to warn their clients of those increased risks. [read post]
26 Sep 2014, 12:20 pm by Schachtman
See Monica Williams Monroe “Is There a Duty to Warn Even the Most Sophisticated User? [read post]
2 Sep 2016, 10:01 am by Eric Goldman
Many experts still think that it’s almost impossible for plaintiffs to prove that websites owe a special duty to their users, in which case failure-to-warn claims will fail on prima facie elements. [read post]
13 Dec 2011, 6:20 am
When at sea, cruise lines have the duty to warn its passengers from bad weather as soon as the dangers become known. [read post]
25 Nov 2018, 8:39 am by Dean Freeman
Premises owners and occupiers have a duty to warn of or correct known dangerous condition on the premises – and to regularly inspect the premises for any unknown dangerous conditions. [read post]
21 Jun 2016, 8:31 am by Altman & Altman
  Laurie Sherwood of Walsworth WFMB, LLP noted some issues Disney may face, including Disney’s duty to warn guests about the alligators, Disney’s previous knowledge and the subsequent steps it took, as well as the probability that such an event would occur. [read post]
20 Jun 2011, 11:42 am by Tomassi Law Associates
Further, plaintiffs argue that the stadium had a duty to warn those sitting in the luxury box area of the dangerous conditions associated with the barrier- specifically that it carried a strong likelihood of potential injury for any spectator who falls over the edge. [read post]
9 Dec 2016, 8:15 am by Associates and Bruce L. Scheiner
” The school board moved to dismiss the complaints against it and the driver, asserting both were protected from tort liability by sovereign immunity because the district didn’t owe a duty of care to plaintiff at the time of the crash, nor the duty to warn her about the danger of the road. [read post]
24 Feb 2009, 1:45 pm
Nor is there a duty to warn of obvious consequences of foolish behavior. [read post]
19 Mar 2019, 2:37 pm by Ronald Mann
As he explains, few quarrel with the rule of the “Restatement of Torts” that a manufacturer has a duty to warn if it “‘knows or has reason to know’ that the product ‘is or is likely to be dangerous for the use for which it is supplied. [read post]
29 Nov 2019, 8:40 pm by Jim Walker
Cruise lines also have a legal duty to warn passengers of dangers in foreign ports of call. [read post]
20 Aug 2008, 1:41 pm
Plaintiffs argued that this meant the defendants could have complied with both the federal regulations and the state duty to warn, and thus no conflict existed. [read post]
3 Sep 2010, 12:35 pm by Bexis
  The last point in the quote, is a holding that pharmacists have no duties to warn patients under Arkansas' learned intermediary rule. [read post]