Search for: "Adoption of Latiolais"
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7 Nov 2014, 5:52 am
To the extent that a particular jurisdiction that previously permitted a heeding presumption with reference to Restatement §402A, comment j has subsequently adopted the Third Restatement, it can be argued that the heeding presumption has been/should be abolished.AlabamaThere is no heeding presumption in Alabama. [read post]
28 Oct 2011, 7:00 am
Because the doctor testified that he did not read the warning label that accompanied [the drug] or rely on information provided by [the manufacturer's] detail men before prescribing the drug to [plaintiff], the adequacy of [the] warnings is irrelevant") (applying California law); Latiolais v. [read post]
2 Jul 2009, 5:18 am
Rivera cites several other cases from around the country that refuse to adopt the heeding presumption. [read post]