Search for: ""duty to warn""
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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]
23 Dec 2013, 5:16 am
If a state’s general tort law on adequacy of warnings, or post-sale duty to warn, is sufficiently close as to constitute a “parallel” violation claim, then “parallel” has lost its meaning, and the Riegeldictum about parallel claims has swallowed Riegel’s holding whole. [read post]
19 Dec 2013, 12:02 pm
Plaintiff’s common law duty to warn is a duty owed to the plaintiff to provide appropriate warnings to her doctor. [read post]
16 Dec 2013, 1:35 pm
Although our Boston mesothelioma attorneys have written before on the issue of asbestos litigation brought by smokers and former smokers (the cases are possible to win and a person's choice to smoke doesn't negate a manufacturer's duty to warn), one of the more prominent issues we see here is that of the every exposure theory. [read post]
10 Dec 2013, 3:27 pm
Specifically, the court concluded that the trial court was under no duty to warn the defendant of the possibility of deportation before accepting his guilty plea 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 Dec 2013, 7:06 am
“Every claim susceptible to the learned intermediary doctrine has the chain of relationships described by the court: the duty owed by the manufacturers is to adequately warn physicians, who in turn must warn their patients. [read post]
4 Dec 2013, 2:38 pm
In her dissent, Judge Stranch disagreed with the majority’s characterization of state law, believing that Tennessee courts might find that brand-name drug manufacturers have a duty to warn consumers that purchase generic drugs. [read post]
29 Nov 2013, 3:43 am
“Under Florida law, a manufacturer’s duty to warn physicians only extends to the risks or dangers posed by a drug. [read post]
13 Nov 2013, 1:13 pm
Prescription drug manufacturers have a duty to provide adequate warnings in connection with their products, but only to prescribing physicians – the learned intermediaries – and not directly to patients. [read post]
10 Nov 2013, 2:56 pm
If the dangerous condition exists long enough on the vessel, regardless of who created the dangerous condition, the cruise line owes passengers a duty to warn of the condition and correct it. [read post]
10 Nov 2013, 2:56 pm
If the dangerous condition exists long enough on the vessel, regardless of who created the dangerous condition, the cruise line owes passengers a duty to warn of the condition and correct it. [read post]
8 Nov 2013, 5:00 am
Oct. 8, 2013), the first opinion from New York’s state courts to consider “whether a drug manufacturer that did not manufacture the product alleged to have caused injury owes a duty to a plaintiff because of the required identity of warning labels. [read post]
5 Nov 2013, 9:27 am
Defendant argued, rightfully we believe, that its warning was therefore adequate as a matter of law and that it discharged its duty by warning surgeons of these risks. [read post]
4 Nov 2013, 1:40 pm
Home Depot moved for summary judgment, arguing that the wheel stop was an "open and obvious" danger and therefore, it had no duty to warn customers about the wheel stop. [read post]
17 Oct 2013, 5:00 am
Thus, even assuming arguendo that [defendant] had a duty to strengthen the . [read post]
14 Oct 2013, 10:22 am
As has been tried many times before, Plaintiff sought to use the fact that the manufacturer had directed educational and/or marketing materials directly to patients as a basis to bypass the duty to warn the prescribing doctor. [read post]
11 Oct 2013, 1:36 pm
Assuming without deciding that there could ever be a voluntary assumption by a prescription drug manufacturer of a duty to warn a patient directly, the court rejected that the defendant’s general marketing efforts, including handouts and a video for patients through their prescribers, created such a duty. [read post]
1 Oct 2013, 11:01 am
She sued the hospital claiming that it violated its duty to warn of a dangerous condition and to keep the premises reasonably safe for invitees that might be present while inexperienced therapists were performing gait training. [read post]
