Search for: ""duty to warn""
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27 Apr 2018, 2:57 pm
In such cases, the manufacturer still has a duty to warn end-users of the heightened and unexpected risks of injury — this can be accomplished through warning labels and the like. [read post]
27 Feb 2009, 7:24 am
Under the [defendants’] reasoning, doctors would be immunized from a recent failure to warn a patient just because they first breached their duty to warn more than five years ago. [read post]
9 Jan 2012, 6:24 pm
According to the Plaintiffs, both Pfizer and Mylan had a duty to warn the decedent, his physician, and the public of the health risks associated with their drug products, among myriad other claims in the Complaint. [read post]
5 Mar 2012, 11:46 am
Wang, asserted, among other things, that her statements were true and that she felt she had a duty to warn friends. [read post]
31 Jan 2012, 3:47 am
Padilla (discussed here) actually went further, holding that counsel was required to do more than simply refrain from giving the wrong advice: he had a duty to warn his client of the possibility that there might be immigration consequences. [read post]
19 Mar 2012, 1:31 am
(In Mensing, the 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]
13 Sep 2011, 2:57 pm
” This conclusion implies that any type of electronic communication poses a risk, and a corresponding duty to warn, simply by virtue of the method of dissemination of information.I don’t believe that the Committee’s intent was to discourage attorneys from using electronic communications with their clients. [read post]
14 Jun 2017, 9:42 am
He acknowledged that Hector had no duty to warn Joseph of the open and obvious condition of the roof, but he asserted that, by demanding that Joseph go onto the frost-covered roof, he breached his duty of preventing the risk of foreseeable harm to Joseph. [read post]
30 Apr 2019, 7:39 am
Herrick also claimed that Grindr had a duty to warn him and other users that it could not protect them from harassment stemming from impersonators. [read post]
26 Apr 2007, 10:33 am
However, to the extent that Indiana Bell learned of dangerous conditions on its poles, it had a duty to warn its invitees. [read post]
22 Mar 2010, 4:30 am
In this comforting setting, the law created an exception to the traditional duty of manufacturers to warn consumers directly of risks associated with the product as long as they warned health-care providers of those risks.For good or ill, that has all changed. [read post]
29 Oct 2007, 8:35 am
Given the long-term ramifications of accusing a child of a sex offense, schools have a duty to warn students and parents about the behavior that they deem inappropriate or unlawful, rather than simply placing a scarlet letter on a kid's forehead after the action has occurred.Like millions of other parents, my husband and I are doing our best to teach our preschooler to respect others. [read post]
15 Jan 2021, 4:30 pm
Court of Appeals for the District of Columbia that the U.S. intelligence community should confirm or deny the existence of documents that may provide information on its duty to warn Washington Post columnist Jamal Khashoggi of threats to his life before his murder, or provide more detailed explanations of their refusal to do so. ● Global Freedom of Expression expert Katharine Gelber debunks claims of censorship in her article “No, Twitter is not… [read post]
16 Jul 2012, 1:32 pm
Nothwithstanding this argument, a plaintiff usually argues that a product failed to provide a warning (where there has been proof of duty to warn) or that the warning provided was inadequate. [read post]
22 May 2012, 11:27 am
In essence, the Eleventh Circuit found plaintiffs’ "argument – that because defendants developed and marketed Vista Lakes, they had a duty to warn prospective purchasers of Pinecastle’s existence – without merit. [read post]
12 Sep 2018, 6:59 am
Their duty includes warning these individuals of known hazards or taking measures to fix or remedy the problem. [read post]
2 May 2015, 5:22 am
Analysis “Generally, a property owner owes two duties to an invitee: (1) the duty to use reasonable care in maintaining the property in a reasonably safe condition; and (2) the duty to warn of latent or concealed dangers which are or should be known to the owner and which are unknown to the invitee and cannot be discovered through the exercise of due care. [read post]
21 Jul 2020, 11:28 am
Licensee – If you were on the premises as a social guest (e.g., you were attending a party or other event that did not have a business purpose), then the owner or occupier had a duty to warn you of any dangerous conditions that it was unable to fix. [read post]
6 Jul 2012, 12:52 pm
Under Louisiana law, a manufacturer has a post-sale duty to warn “of a characteristic of the product that may cause damage and the danger of such characteristic. [read post]
17 Apr 2018, 8:33 am
Imposing a duty on brand name manufacturers to generic drug consumers would result in greater financial incentive to revise their warnings to prevent failure to warn lawsuits. [read post]
