Search for: ""duty to warn""
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8 Sep 2015, 6:17 am
For more on haunted hotels, check out Does a Haunted Hotel Have a Duty to Warn Its Guests? [read post]
28 Aug 2015, 10:00 am
But the prescription drug manufacturer does not owe a duty to warn every physician in any specialty who may later treat a pa [read post]
28 Aug 2015, 7:37 am
The school did not warn Cara Munn or her family that you can get this disease in China. [read post]
26 Aug 2015, 7:38 am
But on appeal, defense argues it had no duty to warn or protect. [read post]
24 Aug 2015, 5:00 am
What’s left doesn’t strike us as a very good warnings case. [read post]
22 Aug 2015, 8:16 am
The defendant filed a motion to dismiss the case, claiming, under Michigan law, there was no duty to warn a buyer of a risk after the product was sold, and there was no duty assumed by performing a training series. [read post]
3 Aug 2015, 1:56 pm
Again, no warnings to wear bug spray were given. [read post]
28 Jul 2015, 3:00 pm
Summary judgment for Mentor on “continuing duty to warn” claim. [read post]
17 Jul 2015, 12:56 pm
ISI won summary judgment on all of plaintiff’s claims except her claims that ISI: 1) breached duties to warn and train the doctor; and 2) breached a duty to provide separate warnings to the hospital. [read post]
17 Jul 2015, 12:50 pm
Essentially this innovator liability claim is based on the contention that the brand-name drug manufacturer, e.g., GSK, had a duty to warn all users of the generic drug, e.g., Ondansetron, based on federal requirements that all generic labels must be identical to the brand-name drug label. [read post]
15 Jul 2015, 9:32 am
The festival argued, alternatively, that even if it had control, summary judgment was nonetheless proper because the exposed pipe was an open and obvious hazard, and thus there was no duty to warn the plaintiff of its presence. [read post]
14 Jul 2015, 4:40 am
At JD Supra, Chris Jones of Sands Anderson in Virginia discusses some of the considerations, which include the expansion of products liability into automobile accident cases and the potential need for a post-sale duty to warn in jurisdictions that have... [read post]
10 Jul 2015, 5:47 am
” The Court also briefly addressed defendant’s assertion that it had no duty to warn plaintiff because the danger was open and obvious. [read post]
2 Jul 2015, 11:18 am
O’Neill, 53 Cal. 4th 335 (2011), where it held that a manufacturer has no duty to warn of hazards in another manufacturer’s product due to “foreseeability. [read post]
25 Jun 2015, 5:00 am
Supp.2d 364, 374 (D.N.J. 2004) (UTPCPL claims barred under Pennsylvania law because there is “no duty to disclose any information directly to Plaintiff”).California courts did pretty much the same thing in Kanter v. [read post]
14 Jun 2015, 9:30 pm
Disclosure requirements appear everywhere: tort law (“duty to warn”); consumer protection (“truth in lending”); bioethics and health care (“informed consent”); online contracting (“opportunity to read”); food law (“nutrition data”); campaign finance regulation; privacy protection; insurance regulation; and more. [read post]
10 Jun 2015, 6:34 pm
As part of the split, some courts were not willing to hold a manufacturer liable for injury caused by a product they didn’t manufacture, and that they had no duty to warn potential victims of the safety risks posed by these aftermarket products. [read post]
5 Jun 2015, 1:29 pm
Moreover, “even if Plaintiff had presented evidence tying the brochure to Defendant’s duty to warn and to show that [the decedent] had read the brochure, . . . [read post]
4 Jun 2015, 5:56 am
”Second, “the claims in Buckman, which were directed at a defendant that was not the manufacturer of the devices and therefore did not have a manufacturer’s duty to warn purchasers of safety risks, did not “rely[] on traditional state tort law. [read post]
1 Jun 2015, 9:06 am
In addition, the court dismissed the festival operator’s claim that it had no duty to warn the woman of the open and obvious pipe hazard, even if it exercised control over the premises. [read post]