Search for: ""duty to warn""
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17 Mar 2009, 11:20 am
Proposition 65 contains several exemptions to its warning requirements, one of which provides that there is no duty to warn if a chemical is naturally occurring in food. [read post]
18 Jul 2008, 8:33 pm
She contends that GSK breached its duty to warn of an increased suicide risk in adults taking Paxil. [read post]
26 Feb 2008, 8:21 am
Unlike the FDA's proposed rule, Congress intended the duty to warn customers of a drug's hazards rests with the drug company, who is in the best position to warn about problems associated with the drug. [read post]
6 Oct 2011, 10:39 pm
Prodded by UNICEF and the Hague Convention, countries cut back on international adoption, leaving kids to future of orphanage life [Reason.tv video, interviewing among others Harvard's Elizabeth Bartholet; more] Critics: lawyers are main winners in NYC rent settlement [NYDN] NYC rent stabilization rules gave landlords incentive to do luxury conversions [FWIW] Breast-aurant rivals in court: “Hooters Suing Twin Peaks, Which Previously Sued Grand Tetons” [Lowering the Bar,… [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]
2 Sep 2012, 10:22 am
The mall also has the duty to warn of hazards (for example, signs that warn people to not swim in the fountain in the center of the mall). [read post]
23 Jun 2009, 1:31 pm
The duty of the property owner is less than that of a business, but there is still a duty to warn of any unsafe conditions on the premise. [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]
4 Jun 2023, 4:00 am
The central dispute revolves around whether the doctors had a duty to warn Brice about Braggs’ changed medication and potential for violence. [read post]
3 Jun 2022, 2:45 am
On June 6, 2022, Insurance Journal reported that drug maker Eli Lilly was able to achieve a major win in a lawsuit filed against the drug maker by a patient who claimed he suffered a stroke within hours of taking the company’s Cialis, as the Washington Supreme Court ruled that a manufacturer satisfies its duty to warn a patient when it adequately warns their prescribing physician of the drug’s risks and side effects under the long-standing learned intermediary… [read post]
13 Dec 2006, 1:04 pm
This New Orleans jury found that Merck did not have a duty to warn. [read post]
28 Sep 2009, 10:02 am
(September 25, 2009) ___Cal.App.4th ___ (BC352170), also from the Second District, and agreeing with Taylor: If you didn't manufacture or distribute the component, no duty to warn; If you didn't manufacture or distribute the component, no strict product liability for injuries caused by adding the component; and If you didn't manufacture or distribute the component, no negligence liability for failure to warn, either. [read post]
23 Jul 2010, 10:16 pm
[American Medical News, sanctions affirmed in Virginia case] “[Congressman Alan] Grayson’s shakedown lawsuit threatens D.C. business” [LaFetra, PLF/Examiner] Asbestos: Do component makers have a duty to warn about other manufacturers’ hazardous products? [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]
15 Aug 2012, 8:00 am
The suit claims that the defendants had a duty to warn the ultimate user of the defective design. [read post]
16 Feb 2009, 2:27 am
On the eve of trial, Judge Freedman had denied defense motions to exclude testimony by Thomas’ medical experts and industrial hygienist, but granted a motion to preclude a plaintiff warning expert from offering an opinion as to whether defendants had a duty to warn or on the effectiveness of defendants’ warning labels. [read post]
14 Oct 2019, 4:00 am
Additionally, the Casino argued it did not have a duty to warn Mrs. [read post]
22 Jun 2011, 2:10 pm
The trial judge concluded, and the Court of Appeal agreed, that Scraba had received what seed he had asked for (what was required to fulfill a grower's contract he had in place) and, in the circumstances, Sharpe's did not have a duty to warn Scraba that the seed was not Roundup Ready. [read post]
19 Oct 2020, 7:41 am
As a result, both Westinghouse and Foster Wheeler argued that they did not have a duty to warn for asbestos-containing parts manufactured by third parties. [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]
