Search for: ""duty to warn""
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1 Aug 2013, 1:42 pm
Defendant has a duty to warn of risks about which it knew or “should have known. [read post]
11 Apr 2014, 5:00 am
This court, however, rejected these arguments on the concise and reasoned bases that there is no state-law duty to warn patients about recalls of prescription products and also no state-law duty to warn the FDA. [read post]
12 Aug 2013, 11:38 am
Rather, it is a consideration to evaluate to whom a defendant owes the duty to warn. [read post]
8 Nov 2013, 5:00 am
Oct. 8, 2013), the first opinion from New York’s state courts to consider “whether a drug manufacturer that did not manufacture the product alleged to have caused injury owes a duty to a plaintiff because of the required identity of warning labels. [read post]
5 Jan 2016, 11:28 am
First, plaintiff attempts to rely on a case where the Illinois Supreme Court did find a pharmacist owed a duty to warn. [read post]
2 Jul 2013, 1:47 pm
Duty to Warn Plaintiffs Directly and Duty to Train Plaintiffs’ PhysiciansThe defense also asked the court to exclude argument that it had a duty to (i) warn the plaintiffs directly or (ii) train the implanting doctors. [read post]
29 Dec 2010, 9:30 am
This exception to the duty to warn includes dangers that are open, obvious, or matters that should be “common sense” to the user. [read post]
10 Aug 2012, 5:00 am
In rejecting plaintiffs' theory, the Court held that while the defendant had a duty to warn, “[t]he duty to warn has never before required a supplier or manufacturer to provide training, only to provide accurate and thorough instructions on the safe use of the product... [read post]
3 Jul 2012, 4:19 am
Second, the trial court erred in instructing the jury that Union Carbide had a duty to warn end-users without also instructing the jury that a defendant could have discharged this duty by adequately warning the intermediary manufacturers, and reasonably relying on them to warn end-users. [read post]
2 Apr 2008, 3:55 am
App.3d 862, 866 (1982) (no duty to warn that gasoline is volatile). [read post]
11 Oct 2018, 1:01 pm
” He acknowledged that “[w]e normally do, you’re right, put the duty to warn with the lowest cost avoider. [read post]
8 Jun 2012, 10:35 am
As a matter of both necessity and practicality, the duty to warn the patient of the potential risks and possible alternatives to any prescribed course of action rests with the prescribing physician.Slip op. at 43 (emphasis added). [read post]
23 Apr 2024, 6:16 am
Warning labels are a very popular way to meet this duty to warn. [read post]
17 Jun 2010, 10:27 pm
., “We Probably Shouldn’t Put This in Email” [Balasubramani, SpamNotes] “My biggest wish was that I would get a cease and desist from the company that publishes Marmaduke” [Walker, Reason "Hit and Run"] California proposal to jail parents for kids’ truancy [Valerie Strauss/WaPo via Alkon] Parents arrested on charges of forging doctor sick note to excuse third grader [Glenn Reynolds, Dan Riehl] UK judge: NHS need not fund transsexual’s breast… [read post]
21 Dec 2015, 1:17 pm
In so doing, the Court noted that its conclusion with respect to the duty owed is accompanied by “three observations:” (1) the duty imposed is a small one – where a medical provider administers medication that impairs or could impair the patient’s ability to safely operate an automobile, the medical provider satisfies its duty by warning of those dangers; (2) the duty is met by simply advising/warning, and not… [read post]
6 Oct 2011, 8:41 pm
Kentucky; since the Court held that defense counsel only has a Sixth Amendment duty to warn noncitizens about immigration consequences that are “succinct, clear, and explicit” from the immigration statute, there is no clear obligation to warn about deportability for a CIMT. [read post]
22 Dec 2008, 10:46 am
Under California's learned intermediary doctrine, a prescription drug manufacturer's duty to warn runs to the physician. [read post]
1 Aug 2016, 12:08 pm
The Court of Appeals reversed, noting that under prior Kentucky precedent: (1) a landlord owes a heightened duty of care to tenants above and beyond the duty owed by a landowner to a business invitee; (2) a landlord owes a duty to warn as well as a duty to exercise reasonable diligence to keep common areas in a safe condition for tenants; and (3) the open and obvious doctrine does not bar recovery when the common area exception applies. [read post]
4 Mar 2009, 8:02 am
The Supreme Court squarely rejected this argument, finding that Wyeth's argument would shift the burden of providing adequate warnings to the FDA when the duty to warn rests directly upon the manufacturer. [read post]
22 Dec 2009, 6:45 am
A landowner is charged with the duty of warning the licensee against dangerous conditions of which the owner is aware. [read post]
