Search for: ""duty to warn""
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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]
20 Mar 2014, 9:13 pm
Failure to Warn Some courts consider any alleged duty to train as a novel allegation with no basis in law. [read post]
19 Mar 2014, 1:24 pm
The only other claims that the Restatement recognizes (in Chapter 2) are those based on: (1) misrepresentation (which is not defect-based), (2) post-sale duty to warn (which, involving matters occurring after sale, would not help a plaintiff on any Bartlett/Mensing/Levine preemption issue), and (3) duty to recall (which the Restatement rejects in the absence of prior government action). [read post]
3 Mar 2014, 1:02 am
Jill Wieber Lens (Baylor) has posted Warning: A Post-Sale Duty to Warn Targets Small Manufacturers on SSRN. [read post]
27 Feb 2014, 7:33 am
They are alleging that the company owed a duty to warn of dangers involved in owning a rat as a pet, and breached that duty by failing to provide such a warning when it sold the boy the rat. [read post]
27 Feb 2014, 6:00 am
Without attempting a discourse on Florida warnings law, it is fair to say that prescription drug warnings are adequate or inadequate based on whether they convey the particular risk to physicians consistent with the actual scientific evidence. [read post]
23 Feb 2014, 9:08 am
Depending on the applicable State Law, there may even be a “duty to warn”. [read post]
21 Feb 2014, 8:53 am
That duty is fulfilled by giving adequate warning to the prescribing physician. [read post]
14 Feb 2014, 10:01 am
Other than to whom the manufacturer’s duty to warn runs, the causes of action available for plaintiffs suing over OTC drugs are pretty much the same as for prescription drugs. [read post]
13 Feb 2014, 7:47 am
Brinkley provides an opportunity for the Eighth Circuit to weigh in on this issue.The bottom line is that all drug manufacturers should have a duty to warn patients of the risks of using their products. [read post]
10 Feb 2014, 11:11 am
” Under this theory, a manufacturer or supplier of a prescription drug is relieved from any duty to warn patients of the dangerous qualities of the prescribed drug. [read post]
29 Jan 2014, 6:36 pm
The jury found that the manufacturer did fail in its duty to warn the public about the potential cancer risks of body powder, but determined that the product was not defective without the warning and found that Johnson & Johnson was not liable for Berg’s ovarian cancer. [read post]
27 Jan 2014, 3:04 pm
There is no duty to warn of any number of preexisting conditions. [read post]
23 Jan 2014, 6:53 am
Thus, we have footnote 6, reaffirming the learned intermediary rule: “Per the learned intermediary doctrine, the manufacturer’s duty to warn is directed to physicians. [read post]
17 Jan 2014, 10:58 am
Here's an overview of the conference agenda:Monday April 7, 2014General Conference Day 1Welcome & Opening RemarksKeynote Address: "Duty to Warn and Duty to Protect: Considerations, Issues, Liabilities and Best Practices" -- Judy Bruner, UC San Diego Campus Ombudsperson; John Nicoletti, Police Psychologist Plenary: "Anatomy of a Crisis" -- Don Eloe, John Nicoletti, Steve SmidtSession with the IOA BoardVolunteer Recognition LuncheonConcurrent… [read post]
10 Jan 2014, 2:18 pm
Specifically, we concluded that the trial court was under no duty to warn the defendant of the possibility of deportation before accepting his guilty plea3 because "deportation was a collateral consequence of conviction peculiar to the individual's personal circumstances and one not within the control of the court system". [read post]
9 Jan 2014, 1:37 pm
Knaier, “An Informed-Choice Duty to Instruct? [read post]
8 Jan 2014, 4:30 am
The Amended Complaint states that Defendant had a duty to exercise reasonable care and to warn of any dangers, and breached said duties by “failing to exercise due care under the circumstances,” and failing to “include adequate warnings. [read post]
27 Dec 2013, 3:22 am
Gastwirth also contends that the duty to warn in tort is based upon a possibility of causation, and he opines that this is perfectly satisfactory. [read post]
26 Dec 2013, 6:22 am
The appeals court agreed that the warnings were sufficient and thus the plaintiffs had failed to establish that SPX breached its duty to warn, but it decided differently on the claim of unreasonably dangerous product. [read post]
