Search for: ""duty to warn""
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23 Aug 2024, 12:30 pm
When plaintiffs have alleged that Monsanto failed to adequately warn them of this risk, Monsanto has argued that state duty-to-warn requirements were expressly preempted by federal law regulating the labels on its products. [read post]
1 Aug 2023, 6:29 am
Traffic Control Devices and Speed Breakers The parents argued that the trial court erred in dismissing their negligent design claim to the extent it was based on the DOT’s breach of its duty to warn motorists through the installation of “appropriate signage, speed breakers, warning devices, including flashing caution lights or other warning signage. [read post]
8 Jun 2010, 1:34 pm
The engineering firm thus could not be held responsible for negligently failing to warn plaintiffs (that is, people it didn’t contract with) about harmful beryllium exposures unless the firm actually had undertaken the duty to warn plaintiffs. [read post]
30 Jul 2023, 1:27 pm
The complaint sets out claims for alleged violations of the Electronic Communications Privacy Act; the Computer Fraud and Abuse Act; California’s Invasion of Privacy Act and unfair competition law; Illinois’s Biometric Information Privacy Act, Consumer Fraud and Deceptive Business Practices Act, and Consumer Fraud and Deceptive Business Practices Act; New York General Business Law § 349 (deceptive trade practices); and negligence, invasion of privacy, conversion, unjust enrichment,… [read post]
25 Jan 2019, 9:57 am
This duty may be breached if dangerous conditions are permitted to exist. [read post]
28 Jul 2008, 10:41 am
The claim was that GSK breached a duty to warn of an alleged increased suicide risk among Paxil patients. [read post]
3 Nov 2008, 10:47 pm
They have a legal duty to warn election officials of problems. [read post]
12 May 2021, 9:15 am
Second, in Internet Brands, the court held that failure-to-warn claims aren’t covered by Section 230, but the defendants never had a duty to warn (same outcome in Beckman [read post]
23 Sep 2019, 7:18 am
Giant Eagle’s Propositions of Law Accepted for Review Proposition One For stores that provide motorized carts to disabled shoppers, the Eighth District created entirely new tort duties owed by them—a duty to warn the user about the obvious danger of a pedestrian-cart collision, a duty to train disabled customers how to operate a simple motorized car, and a duty to interrogate customers to determine whether their disability disqualifies them… [read post]
2 Jan 2019, 7:07 am
Merck argues that the FDA prohibits it from adding the warning that patients allege tort law requires, making compliance with both federal regulation and state tort duties impossible. [read post]
4 May 2011, 7:52 am
This is because payors have access to data showing patterns of abuse and misuse and may have the duty to warn injured workers and prescribers in cases involving potential misuse.9 Workers compensation payors not taking proactive measures to monitor utilization or communicate with physicians could face lawsuits for negligence. [read post]
14 Jan 2022, 2:45 pm
While Garcetti permits a public employer to regulate employee speech that is part of the employee's job duties, we warned that a public employer cannot convert private speech into public speech "by creating excessively broad job descriptions. [read post]
2 Oct 2012, 3:48 am
Likewise, it is alleged that the manufacturers of Mirena had a duty to warn consumers and the medical community of the dangers associated with Mirena and by negligently and/or wantonly failing to adequately warn of these dangers breached their duty of care owed to plaintiffs. [read post]
20 Mar 2019, 3:53 am
According to Peter Hayes at Bloomberg Law, the court ruled that “[m]anufacturers have a duty to warn when their product requires incorporation of a part such as asbestos that the manufacturer knows is likely to make the integrated product dangerous for its intended use. [read post]
30 Sep 2010, 11:35 am
The trial court concluded that defendants did not have a duty to warn plaintiff of this danger. [read post]
18 Dec 2019, 8:42 am
The two cases raise in differing factual and legal scenarios, but it’s worth contrasting the court’s reluctance here to endorse a rule requiring publishers to publish certain content in order to comply with the law, to the Ninth Circuit’s willingness in the Model Mayhem case to adopt such a rule in requiring a duty to warn. [read post]
8 Dec 2009, 3:09 am
On this point, tort law is clear: one has no duty to warn of a commonly known hazard. [read post]
17 Apr 2012, 10:02 am
In this case, the duty of manufacturers under federal law to report to the FDA information regarding their devices is not tied directly to the duty of manufacturers under state law to warn consumers of a device’s dangerous condition. [read post]
25 Jan 2019, 9:57 am
This duty may be breached if dangerous conditions are permitted to exist. [read post]
6 Dec 2011, 1:59 pm
The court, however, was inclined to give the plaintiff a chance to amend her complaint to state a claim more like Hughes (a state law duty to warn based on the manufacturer’s alleged breach of applicable [read post]
