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24 Oct 2014, 7:56 am
The key to appreciating the latest order granting summary judgment for the defense in the Ortho-Evra birth control patch MDL is to start with the order’s last paragraph:The Court has found that the Defendants provided adequate warnings sufficient to discharge their duty to warn. [read post]
23 Oct 2014, 7:57 am
The appellate court pointed out that a landowner owes two duties to those on its property lawfully: 1) A duty to warn of dangerous conditions, and 2) A duty to maintain the premises in a safe condition. [read post]
22 Oct 2014, 4:30 am
Accordingly, whether Florida law imposes a duty to warn upon device distributors such as the [d]istributor [d]efendants is a determination best left to State court. [read post]
16 Oct 2014, 9:52 am
The plaintiff failed to produce any affidavit, deposition, or other evidence admissible on motion for summary judgment to show that the contractor did have a duty to warn pedestrians of the obstruction or take extra measures to aid pedestrians to see around the obstruction. [read post]
15 Oct 2014, 1:04 pm
Here, the plaintiff argued that the law firm had a duty to warn him of the chair’s “dangerous condition. [read post]
13 Oct 2014, 9:03 am
Even if the disease is rare and it is unlikely that someone would contract it, an employer still owes a duty to warn its employees. [read post]
11 Oct 2014, 11:57 am
In particular, does the consultant owe any such duty in respect of subsurface conditions? [read post]
10 Oct 2014, 5:42 am
[T]hese facts and circumstances support a duty to warn in this case owed by Internet Brands to its targeted modelmayhem.com members.Reply Brief of Appellant, Doe v. [read post]
6 Oct 2014, 9:09 am
In the case at hand, the child’s parents alleged the cruise ship company failed to exercise its duty to warn the family about the dangers of the elevator. [read post]
26 Sep 2014, 12:20 pm
See Monica Williams Monroe “Is There a Duty to Warn Even the Most Sophisticated User? [read post]
26 Sep 2014, 12:02 pm
Specifically, the defendants claimed the couple failed to allege they had a duty to warn the woman or that they breached their duty. [read post]
23 Sep 2014, 7:42 am
The Ninth Circuit reverses, concluding that Section 230 does not bar Doe’s duty to warn claim. [read post]
22 Sep 2014, 9:00 am
Lord Bannatyne considered Chester v Afshar [2004] UKHL 41, which found that the causation test was influenced by the duty to warn of risk, but decided that the circumstances of Chester “are odd and the decision is very much fact specific”[11]. [read post]
16 Sep 2014, 12:48 pm
Joan might have written one or more prescriptions, but it was vague, uncertain, minimal evidence, and the court did not seem to consider it The plaintiff argued that the defendant’s duty to warn ran not only to Dr. [read post]
14 Sep 2014, 7:51 am
Failing this, the property owner must offer adequate warning. [read post]
12 Sep 2014, 1:41 pm
Then, the analysis should go on to whether the defendant can comply with the state law duty while simultaneously complying with its federal duties. [read post]
9 Sep 2014, 6:14 am
The lesson from this case is that business owners have a duty to warn trespassers once they are aware of their presence on the property. [read post]
6 Sep 2014, 10:09 am
Just like commercial property owners, private property owners owe a duty to those on their property to address potentially dangerous conditions or, alternatively, to warn of them. [read post]
4 Sep 2014, 12:42 pm
Other cases finding preemption of post-sale duty to warn claims asserting a mandatory state-law requirement to change a warning through the CBE process are: Scanlon v. [read post]
29 Aug 2014, 11:14 am
California holds that in the case of prescription drugs and medical devices, “the duty to warn runs to the physician, not to the patient. [read post]
