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17 Oct 2013, 5:00 am by Bexis
  Therefore, we hold today that a plaintiff who does not read an allegedly inadequate warning cannot maintain a negligent-failure-to-adequately-warn action unless the nature of the alleged inadequacy is such that it prevents him from reading it.Id. at 971.This ruling has been extended to situations where the prescriber fails to read a warning. [read post]
29 Sep 2013, 9:11 pm by Patent Docs
Apotex Inc. et al. 1:13-cv-01613; filed September 25, 2013 in the District Court of Delaware • Plaintiffs: Pfizer Inc.; Wyeth LLC; Pfizer Pharmaceuticals LLC; PF Prism C.V.; Pfizer Manufacturing Holdings LLC • Defendants: Apotex Inc.; Apotex Corp. [read post]
18 Jan 2013, 2:06 pm by Bexis
 Such disincentive is the necessary byproduct of divorcing product liability from product manufacturing. [read post]
7 May 2012, 5:00 am by Bexis
  It did so, we would argue, in direct contravention of the holding in Buckingham rejecting “social engineering” through product liability litigation.There was one final bulwark against absolute liability in Bartlett – Restatement (Second) of Torts §402A, comment k (1965), the “unavoidably unsafe product” doctrine, recognized in Brochu. [read post]
2 Dec 2011, 2:00 pm by Bexis
Zimmer Holdings, Inc., 2011 WL 5509420, at *4 (W.D. [read post]
29 May 2011, 12:01 pm
" Citizens of Humanity, LLC v. [read post]
28 Apr 2011, 3:18 pm by Bexis
 Obviously, if we’re calling California conservative and Idaho liberal, then the issues associated with comment k don’t fit well into the usual legal cubby holes.Idaho, then – holding our noses all the way. [read post]
27 Aug 2010, 2:41 pm by Bexis
  To get on this list the court has to hold that there is no separate duty to test apart from well-established product liability claims for warning, design, or (maybe) manufacturing defect.West v. [read post]