Search for: ""duty to warn""
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8 Aug 2014, 9:00 am
The first is a duty to warn of dangers that are not obvious. [read post]
14 Jul 2014, 11:29 am
And Massachusetts follows the learned intermediary doctrine, meaning that under ordinary circumstances a manufacturer’s duty to warn runs to the treating doctor, not the patient. [read post]
26 Oct 2014, 2:25 pm
”[3]The plaintiff apparently steered the lawsuit into a negligent-design case instead of a duty-to-warn case. [read post]
16 Apr 2013, 2:20 pm
It stands for the proposition that even an obviously dangerous condition, such as bunched up carpet, does not relieve a condominium association from the responsibility to repair it. according to this case, landowner's have no duty to warn when there is an "open and obvious" condition. [read post]
5 Oct 2019, 7:26 am
Avi Asher-Schapiro commented on the Trump administration’s efforts to resist a Freedom of Information Act request on whether the U.S. government failed to fulfill its duty to warn Jamal Khashoggi of the danger to his life. [read post]
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]
17 Jan 2018, 1:25 pm
The manufacturer has no duty to warn of risks that are “merely speculative or conjectural, or so remote and insignificant as to be negligible. [read post]
14 Feb 2013, 11:47 am
In Pain Pump we’ve seen duty to test, post-sale duty to warn, off-label promotion, and “no good deed goes unpunished” FDA-related allegations that amount to private FDCA enforcement. [read post]
8 Dec 2014, 7:27 am
Pliva’s duty to warn, if any, ran to plaintiff’s prescribing doctor. [read post]
13 Jun 2013, 10:31 am
Liability would have to be based on warnings of this alleged inherent drug risk, but such warnings, where the drug is by prescription only, go to prescribing doctors, not patients:Although Wisconsin courts have not addressed the application of the learned intermediary doctrine, courts of numerous other jurisdictions almost universally hold that in the case of prescription drugs, a manufacturer’s provision of proper warnings to a prescribing physician will… [read post]
18 Mar 2015, 7:00 am
Feb. 26, 2015), defendant Eli Lilly & Co. moved for summary judgment in a Byetta pancreatitis case, arguing that, under the “learned intermediary” doctrine, it was entitled to summary judgment on plaintiff’s claims that Byetta’s pancreatitis warnings were inadequate.Plaintiff cross-moved for summary adjudication, arguing that manufacturer’s duty to warn ran to the plaintiff because, pursuant to 21 C.F.R. [read post]
14 Dec 2009, 6:12 am
"Going to law school? [read post]
30 Jan 2009, 6:24 am
The question was whether a manufacturer had a duty to warn known but indirect purchasers where a product was not defective at the time of sale, but a product hazard developed thereafter. [read post]
10 Aug 2011, 9:41 am
The NFL lawsuit alleges that the NFL knew of the dangers to the players long before they began warning them and that they were negligent and had a duty to warn the players of any dangers they were aware of that was associated with the sport. [read post]
24 Jul 2012, 2:15 pm
Once an adequate warning is given, the defendant's duty is complete. [read post]
13 Jun 2008, 5:55 pm
Moritz (No. 0871), the Court reaffirmed that a landowner owes an independent contractor’s employees no duty to warn of obvious hazards they already know about, rejecting the plaintiff's argument that his knowledge of the hazard was simply a factor for the jury to consider in assessing comparative negligence. [read post]
21 Apr 2011, 7:23 am
If scientists show that orlistat causes kidney damage, the FDA would also have a duty to warn users — and, potentially, pull it from the market. [read post]
25 Feb 2010, 4:30 am
As a result, it can be argued that GSK had a duty to warn patients and the FDA of the Company’s concerns. [read post]
28 Jan 2010, 7:59 am
While I would not argue that law schools should have a legal duty to warn students about this potential disaster, I think there is a very strong argument they have a moral duty to do so. [read post]
28 Apr 2007, 8:28 pm
Having said it would not intervene in pre-election debates unless it felt that democracy was in danger, the LDH announced that, given Sarkozy's agenda, it considers that it is its "duty to warn the citizens". [read post]
