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7 Mar 2022, 9:04 am by Eugene Volokh
Facebook violated that duty, Plaintiffs contend, by its failures to "implement any safeguards to prevent adults from contacting minors," "report suspicious messages," "warn[] of the dangers posed by sex traffickers," or "identify[] sex traffickers on its Platforms. [read post]
9 Jun 2011, 10:02 am by Bexis
  Thus, the record demonstrates that even if [plaintiff’s] duty to warn ran directly to this patient, her proof on the issue of proximate cause fails.Id. at 287. [read post]
12 Nov 2012, 4:14 pm by Schachtman
  This defensive prelude was curious because Georgia law clearly imported “knowledge” into both the duty to warn, and into resolution of the causal issue. [read post]
2 Aug 2020, 4:58 am by Schachtman
Fibreboard Paper Products Corporation.[5] The plaintiff had characterized the case as a consumer case, with the duty to warn him as the ultimate user. [read post]
14 Apr 2014, 12:27 pm by Donald Ward
Burglass, To impose a duty [on a psychiatrist] to warn or protect third parties would require the psychiatrist to foresee a harm which may or may not be foreseeable, depending on the clarity of his crystal ball. [read post]
6 Jun 2012, 1:24 pm by Ed Wallis
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]
4 Jul 2018, 1:30 pm by Matthew Scott Johnson
Dean Myhra’s article The Pharmacist’s Duty to Warn in Texas is cited in the following article: Paul Michael Roybal, Of Remand and Responsibility: Oakey v. [read post]
6 Sep 2012, 2:55 pm by Ed Wallis
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]
9 Jul 2010, 3:00 am by Maxwell Kennerly
Limited visibility in a high traffic area — like the section of the Delaware River adjacent to Penn's Landing — would, naturally, heighten the duty of the tugboat pilot to pay attention to radio communications and to limit, if at all possible, drifting or turning rightward, since the pilot would not be able to see any dangers in the water there. [read post]
30 Sep 2008, 5:43 pm
We affirm. * * * "In balancing the three factors set out above, we conclude that Rosales's direct customer-client relationship with Guaranteed, the foreseeability that his car could catch fire if the fuel rail malfunctioned, and the foregoing public policy considerations all mitigate in favor of the imposition on Guaranteed of a duty to warn, a duty which the trial court found that Guaranteed failed to discharge. [read post]
14 Aug 2024, 12:03 pm by Tobin Admin
Among other things, this includes a duty to warn such invitees of dangerous conditions that would not be obvious to an invitee. [read post]
4 Apr 2019, 12:36 pm by Eric Goldman
It seemed unusually defense-friendly to equate “use” and “sale,” with only the breezy reference at the end that the artist-vendors are displaying the trademark in their advertising rather than Redbubble. what duties do print-on-demand vendors face for manufacturing goods that contain third party copyrights and trademarks? [read post]
11 Feb 2010, 11:22 am by Beck, et al.
Those courts have correctly held that brand name manufacturers do not have a legal duty to warn about the risks associated with their competitors' generic drugs. [read post]
15 Dec 2016, 12:06 pm by Leanne Ta and Aaron Rubin
This duty to warn would “not require Internet Brands to remove any user content or otherwise affect how it publishes or monitors such content. [read post]
23 Aug 2012, 5:53 am by Ed Wallis
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]
5 Mar 2008, 3:01 am
(A manufacturer would likewise assert that instructions and warnings such as those described above are more than adequate to defeat a claim of strict liability under the circumstances presented in the facts of Bai's case, for example.) [read post]
14 Sep 2011, 6:08 am by Rob Robinson
Duty to Warn Could Apply, ABA Opinion Says - http://tinyurl.com/3obvu44 (Martha Neil) Judicial Perspective: Q&A With Ronald J. [read post]
6 Sep 2012, 2:53 pm by Ed Wallis
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]
16 Aug 2010, 5:01 am
Should realtors have some duty to warn home buyers when the home is down from a dam or lake? [read post]
3 Jul 2012, 4:26 am by Ed Wallis
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]