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21 Dec 2015, 1:17 pm by Bottar Leone, PLLC
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]
28 Jan 2020, 10:25 am by Lebowitz & Mzhen
Similarly, if talc-based products pose a danger to consumers, Johnson & Johnson has a legal duty to warn consumers of such. [read post]
11 Aug 2010, 9:44 am
If that is not possible, the owner has a duty to warn guests of hidden dangers. [read post]
23 Sep 2011, 12:13 pm
Most recently, Sacramento County has claimed that the county is entitled to immunity from the civil lawsuit, but Superior Court Judge Rudolph Loncke rejected this argument, stating that either a jury or an appellate court must make the decision whether the county and the conservator had a duty to warn the group home operators. [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]
13 Dec 2006, 1:04 pm
This New Orleans jury found that Merck did not have a duty to warn. [read post]
The organizations requested “[a]ll records concerning the duty to warn under Directive 191 as it relates to Jamal Khashoggi. [read post]
1 Aug 2016, 12:08 pm by David Kramer
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]
1 Jul 2007, 4:39 pm
The learned intermediary doctrine provides, in general, that manufacturers of prescription drugs fulfill their duty to warn by warning prescribing physicians of the risks associated with a product. [read post]
11 Jan 2021, 12:05 pm by Christopher Simon
She argued that the defendant had superior knowledge of the hazard and had the duty to warn the plaintiff of the hazard. [read post]
21 Nov 2011, 5:23 am
Second, a property owner has a duty to warn trespassers of known dangers that are not open or obvious. [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]
27 Apr 2010, 10:40 am by Ronald V. Miller, Jr.
Still, Bayer is not putting a warning on Yaz/Yasmin that is going to clear its duty-to-warn obligation in future blood clots cases (and, again, this warning has no impact on the Yaz gallbladder cases). [read post]
2 Sep 2012, 10:22 am by Shaun Kaufman
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]
15 Jun 2018, 2:00 pm by Whittel & Melton, LLC
If such a hazard does exist, the property owner has a duty to warn visitors of the dangers until they can be properly repaired. [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]
6 Oct 2011, 8:41 pm by Lawrence Solum
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]
21 Dec 2015, 1:17 pm by Bottar Leone, PLLC
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]