Search for: ""duty to warn""
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1 Feb 2012, 4:30 am
In this unremarkable decision, however, is a reminder about the law regarding warnings and prescription drugs: “Prescription drug manufacturers have a duty to warn the patient’s doctor of the dangers involved with their product rather than warn the patient directly. [read post]
25 Jun 2011, 9:02 am
Food and Drug Administration to update laws and regulations to ensure generic drugmakers have the same legal duty to warn doctors, pharmacists and patients about their medication products’ risks as makers of brand-name drugs currently have. [read post]
19 Aug 2016, 11:48 am
The California Supreme Court adopted the “sophisticated intermediary doctrine” in regard to product liability claims, holding that a supplier can discharge its duty to warn only if it (1) provides adequate warnings or sells to a sophisticated buyer; and (2) reasonably relies on the buyer to warn end users of the harm. [read post]
8 Dec 2011, 11:09 am
With regard to dangers or risks that are not apparent and obvious, a cruise line has a duty to warn a passenger. [read post]
25 Apr 2007, 1:25 pm
To add insult to injury, the AD2 further determined that the manufacturer was under no duty to warn the officer of an "open and obvious danger" of which he was aware or should have been aware by "ordinary observation or as a matter of common sense. [read post]
25 Mar 2011, 11:43 am
(a) It is public policy of this state that, in determining the law applicable to a product liability claim brought by a nonresident of this state against the manufacturer or distributor of a prescription drug for failure to warn, the duty to warn shall be governed solely by the product liability law of the place of injury (“lex loci delicti”).Mylan (and the rest of us) can rest a little easier, at least after the effective date of July 1, 2011. [read post]
6 Aug 2012, 1:24 pm
They failed to provide such warning. [read post]
29 Mar 2013, 12:59 pm
Therefore, they had a duty to warn. [read post]
18 Jun 2009, 4:13 am
In reversing the jury’s verdict, the Court held: The owner of premises has no duty to warn an invitee of open and obvious defects in the premises which the invitee is aware of, or should be aware of, in the exercise of reasonable care. [read post]
24 Feb 2011, 1:49 pm
Many of the jurisdictions that have refused to impose a general duty to warn have done so on the basis that the learned-intermediary doctrine places the duty to warn with the prescribing physician. [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]
10 Aug 2020, 2:24 am
The bare metal defendants argued that warnings cost time and money, but the majority seemed to think otherwise; warnings are inexpensive and easy to give, which counted in favor of finding a duty to warn. [read post]
13 Jan 2012, 8:47 am
“[R]ecognition of such a duty could lead to an overabundance of potentially conflicting product warnings. [read post]
30 Aug 2022, 12:55 pm
Since 2017, you have taken the position that you have a "duty to warn" the public that President Trump presents a threat to public safety. [read post]
29 Sep 2011, 2:09 pm
The duty to warn is much narrower . . . . [read post]
25 Apr 2008, 10:00 am
The doctrine has been described "as imposing no duty to warn if the user knows or should know of the potential danger, especially when the user is a professional who should be aware of the characteristics of the product. [read post]
2 Nov 2016, 3:03 pm
Underlying this charge is the idea that Subway owed a duty to warn Ms. [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]
16 May 2013, 2:09 pm
While manufacturers have duties to warn about drugs, publishers to not assume them merely by publishing information written by drug companies. [read post]
23 Apr 2012, 5:00 pm
” This ruling upholds precedence in Illinois case law that employers have a duty to warn the immediate family members of their employees who are at risk of being exposed to asbestos. [read post]
