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10 Nov 2021, 8:42 am by petrocohen
Duty to Warn If we take the aforementioned example and alter it a little bit, we can see a situation where the homeowner did not act negligently. [read post]
11 Apr 2012, 4:53 pm
It is well settled that a landowner is under no duty to warn of a dangerous condition that is open and obvious. [read post]
28 Jan 2015, 9:45 am by Frankl & Kominsky, P.A.
First, in granting the motion for judgment, the trial court noted that an owner had no duty to warn an invitee of an open and obvious danger. [read post]
18 Nov 2016, 7:18 am by Ronald V. Miller, Jr.
 But the core allegation in these lawsuits is that Nexium’s manufacturer had a duty to warn the plaintiff and her doctors of the risks to let them make an informed choice. [read post]
30 Sep 2007, 2:18 pm
A representative not only has a duty to refrain from making unsuitable recommendations, he has a duty to warn against unsuitable investments. [read post]
17 Sep 2016, 3:12 pm by Jeffrey P. Gale, P.A.
“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]
15 Oct 2018, 11:17 am by Ronald V. Miller, Jr.
  Accordingly, as we have been saying, the drug company has a duty to warn of this problem. [read post]
10 May 2012, 5:00 am by Bexis
¶285.When a duty to warn arose could not be common because the warnings were changed numerous times since the drug was on the market, and thus were not the same throughout the class. [read post]
9 Jan 2009, 6:00 am
Denton (2004) 120 Cal.App.4th 333 (hearty backslap to self -- my case) Baxter established, by way of declaratory relief, that DEHP wasn't a human carcinogen, so there was no duty to warn. [read post]
23 Dec 2013, 5:16 am
  If a state’s general tort law on adequacy of warnings, or post-sale duty to warn, is sufficiently close as to constitute a “parallel” violation claim, then “parallel” has lost its meaning, and the Riegeldictum about parallel claims has swallowed Riegel’s holding whole. [read post]
15 May 2013, 5:15 am by Steve McConnell
  But the plaintiff argued that her negligent misrepresentation claim was not abrogated because it implicated a more general duty not to deceive rather than a duty to warn. [read post]
8 Apr 2016, 11:22 am
  The presence of a learned intermediary cuts off plaintiffs’ ability to prove reliance and causation – there is no duty to warn the patient directly. [read post]
4 May 2018, 6:50 am by Brian A. Comer
  The Court found these warnings were sufficient to render the machine safe for use if the user followed the warnings. [read post]
25 Jun 2015, 5:00 am
Supp.2d 364, 374 (D.N.J. 2004) (UTPCPL claims barred under Pennsylvania law because there is “no duty to disclose any information directly to Plaintiff”).California courts did pretty much the same thing in Kanter v. [read post]
19 Mar 2014, 1:24 pm
  The only other claims that the Restatement recognizes (in Chapter 2) are those based on:  (1)  misrepresentation (which is not defect-based), (2) post-sale duty to warn (which, involving matters occurring after sale, would not help a plaintiff on any Bartlett/Mensing/Levine preemption issue), and (3) duty to recall (which the Restatement rejects in the absence of prior government action). [read post]
17 Mar 2015, 12:59 pm
In an effort to combat and draw attention to the seriousness of Bullying, OCMS partnered with Marlene Seltzer, MD, Director of the Beaumont Children's Hospital NoBLE Anti-Bullying Program and Rob Iwrey, Esq. [read post]
10 Nov 2015, 12:00 pm
  This is the marriage between the FDA’s labeling standards and its safety obligations and the legal standard that a manufacturer has a duty to warn only of those risks of which it knew or reasonably should have known. [read post]