Search for: ""duty to warn""
Results 1301 - 1320
of 1,327
Sorted by Relevance
|
Sort by Date
8 Oct 2008, 11:50 am
This, that, and the other thing.Potpourri.Odds and sods.Whatever. [read post]
8 Aug 2020, 4:23 am
The defendants moved to dismiss the claims under the sophisticated intermediary doctrine.[4] In its analysis, citing New York and general case law support, the Judge Weinstein acknowledged the general availability of the doctrine, noting that: “In certain circumstances, if the chain of distribution is such that the duty to warn ultimate users logically falls upon an intermediary in the chain, instead of the manufacturer, the “sophisticated intermediary” doctrine… [read post]
25 Aug 2011, 7:01 am
Plaintiff has also failed to plead facts showing that Defendants did not properly discharge their duty by warning Decedents physician through the Package Insert or otherwise. [read post]
20 Mar 2009, 2:05 am
Lederle Laboratories, 732 P.2d 297, 306 (Idaho 1987).The thin judicial support for a hindsight approach to the duty to warn is easily explained. [read post]
2 Jan 2010, 7:06 am
June 17, 2009), the Supreme Court declined an opportunity to settle the important issue of whether negligence concepts should be introduced into the strict liability doctrine currently employed under Pennsylvania law.In this asbestos case, the defense wished to introduce concepts of foreseeability into the issue of whether it violated any duty to warn given that it was not allegedly foreseeable, at the time, that the plaintiff could be injured as a result of the defendant's… [read post]
30 Apr 2018, 9:24 am
Internet Brands, which “is best read as holding that the CDA does not immunize an ICS from a failure to warn claim when the alleged duty to warn arises from something other than user-generated content…. the proposed warning in this case would be about user-generated content itself – the impersonating profiles or the risk that Grindr could be used to post impersonating or false profiles. [read post]
19 Jul 2007, 1:47 pm
Generally, in a situation where there are a number of competing prescription medical products all serving more or less the same need, courts have held that there's no duty to warn about the attributes of competing products. [read post]
6 Jul 2007, 4:29 am
The physician acts as an "informed intermediary" between the manufacturer and the patient; and, thus, the manufacturer's duty to caution against a drug's side effects is fulfilled by giving adequate warning through the prescribing physician, not directly to the patient.Martin v. [read post]
28 Oct 2011, 7:00 am
After all, there’s a causation element to every warning claim – the defect (whatever’s allegedly wrong with the warning) has to cause the injury. [read post]
5 Jul 2013, 5:00 am
L.D. 2008) (“compliance with FDA regulations provides compelling evidence that the manufacturer satisfied its duty to warn the physician”), aff’d on opinion below, 28 A.3d 1245 (N.J. [read post]
30 Nov 2020, 11:54 am
Examples of non-discretionary duties that courts will enforce include the Federal Records Act mandate that the National Archivist “shall request the Attorney General to initiate … an action” for redress of record destruction; a statute requiring “timber in an amount … not less than the annual sustained yield capacity … shall be sold annually”; or a regulatory “duty to warn. [read post]
29 Mar 2013, 2:00 pm
Under Section 2 of the Restatement (Third) of Torts, recognized product defects that may subject a defendant to liability include manufacturing defects, design defects, and failure to warn defects. [read post]
19 Oct 2018, 10:47 am
For instance, there is no duty to warn of obvious risks.As to the common law, the courts some time ago abandoned the search for a universal touchstone by which to determine whether a duty of care exists. [read post]
27 Apr 2022, 11:21 am
Criminal defense attorney Robert J. [read post]
9 Mar 2021, 7:36 am
When President Biden announced the nomination of Merrick Garland as the next attorney general, Biden criticized incendiary rhetoric against the press as contributing to the Jan. 6 assault on the U.S. [read post]
27 Jan 2011, 5:00 am
Where's the parallel tort duty? [read post]
12 Jul 2024, 5:50 am
Marines were required to evacuate an American embassy in a troubled African capital where Libya maintained significant influence, and my tense passing of a scripted warning from the White House as U.S. troops prepared to invade Iraq in 2003 that Libya would be “either with us, or against us. [read post]
2 Mar 2018, 11:26 am
Why do the makers of Invokana have to warn about something that already is a side effect of the disease? [read post]
20 Oct 2011, 1:01 pm
Why should doctors have to go beyond their well-established duties of discussing medical risks and benefits (such as that “experimental” off-label use isn’t backed by any medical evidence that it will be safe or effective) and discuss FDA regulatory status as well? [read post]
1 Nov 2009, 7:00 pm
Detroit Tigers, Inc., Alyssa Maribel Benejam, a minor attending a Detroit Tigers game was injured when part of a player’s bat broke and hit her, crushing her fingers. [42] The incident occurred despite protective screens employed to safeguard against such events. [43] The parents brought a lawsuit on their daughter’s behalf, alleging that the stadium failed to adequately provide warning about flying projectiles and that the stadium operator owed a… [read post]
