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2 Jun 2014, 5:45 am by Benjamin S. Persons, IV
The manufacturer still has a duty to warn physicians of risks, but it is then up to the physician to serve as the “learned intermediary” between the drug company and the patient. [read post]
2 Jun 2014, 4:36 am by SHG
  And the argument is that the Tarasoff duty to warn is at fault. [read post]
31 May 2014, 6:45 am by Andrew Delaney
” Regarding the governor’s general responsibility to “maintain order,” the SCOV notes that it’s not about to impose a duty to warn of and prevent misconduct so broad as to be unworkable on volunteer officers. [read post]
29 May 2014, 4:02 am by John Day
According to the appellate court, stairs leading from a hallway to a basement are a common feature in a home, are not inherently dangerous, and do not give rise to a duty to warn without some further showing of latent or hidden danger. [read post]
27 May 2014, 1:04 pm by Shawn Marie Boyne
The recent “day of retribution” in California which left six individuals dead and more than a dozen more injured has again brought to the forefront our society’s inability to identify and prevent mass shootings. [read post]
15 May 2014, 12:21 pm by Friedman, Rodman & Frank, P.A.
The discharge of the duty to warn doesn’t necessarily discharge a related duty requiring business owners to maintain the premises in conditions that are reasonably safe. [read post]
Disclosure pervades 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]
1 May 2014, 8:29 am
They assert no duty to warn with respect to a third-party's asbestos-containing insulation or replacement components. [read post]
28 Apr 2014, 6:39 am by emagraken
 Jacobsen had a duty to warn oncoming motorists of the hazard he had created by at least operating his four way flashers. [read post]
24 Apr 2014, 11:06 am
The trial judge, according to the appeals court, only focused on the existence of the club's "duty to warn" the victim about potentially unsafe conditions. [read post]
20 Apr 2014, 10:08 pm by Jim Walker
The leading maritime case involving a cruise line's duty to warn passengers of dangers ashore involves St. [read post]
14 Apr 2014, 12:27 pm by Donald Ward
Burglass, To impose a duty [on a psychiatrist] to warn or protect third parties would require the psychiatrist to foresee a harm which may or may not be foreseeable, depending on the clarity of his crystal ball. [read post]
11 Apr 2014, 5:00 am
  This court, however, rejected these arguments on the concise and reasoned bases that there is no state-law duty to warn patients about recalls of prescription products and also no state-law duty to warn the FDA. [read post]
10 Apr 2014, 2:12 pm
However, Safeway argues that that there was no post-sale duty for grocers to warn customers. [read post]
9 Apr 2014, 10:02 pm by Dan Flynn
Safeway asked the judge for the summary judgment by advancing the argument that California law does not impose a post-sale duty to warn on grocers. [read post]
9 Apr 2014, 1:45 pm by Lebowitz & Mzhen
He characterized the shoes as a “potentially dangerous product” and alleged that the defendants failed in their duty to warn of the risk of injury or provide adequate instruction for the use of the product. [read post]
8 Apr 2014, 6:15 am
  South Carolina recognizes the learned intermediary doctrine, and as we all know under that doctrine the manufacturer’s duty to warn runs to the prescribing doctor, not the patient. [read post]
4 Apr 2014, 4:59 am
  Like Averhart, we could quibble with the idea that Minnesota law provides that “[a] proper warning of a drug’s danger to the prescribing doctor obviates the duty to disclose the danger directly to the consumer,” but we do not get to where that matters because the prescriber’s testimony ended the inquiry. [read post]
25 Mar 2014, 8:08 am
In a case handled by the firm against Norwegian Cruise Line, our lawyers argued the cruise line had a duty to warn its passengers about prior sexual assaults that occurred on its cruise ship so guests could be aware of the potentially dangerous atmosphere aboard the ship. [read post]