Search for: ""duty to warn""
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5 Jul 2013, 5:00 am
L.D. 2008) (“compliance with FDA regulations provides compelling evidence that the manufacturer satisfied its duty to warn the physician”), aff’d on opinion below, 28 A.3d 1245 (N.J. [read post]
2 Jul 2013, 1:47 pm
Duty to Warn Plaintiffs Directly and Duty to Train Plaintiffs’ PhysiciansThe defense also asked the court to exclude argument that it had a duty to (i) warn the plaintiffs directly or (ii) train the implanting doctors. [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]
11 Jun 2013, 8:00 am
The Rosas relied upon four peer-reviewed articles to argue that Taser had a duty to warn. [read post]
30 May 2013, 12:58 pm
It’s another of those supposed torts (like duty to test) that’s really little more than duty to warn dressed up in different garb. [read post]
30 May 2013, 8:28 am
Specifically, a busniess has a duty to warn the patron of any known dangers, fix any known dangerous conditions and don't create any dangerous conditions. [read post]
23 May 2013, 5:00 am
Before the A-Z litigation started, we’d thought, and Bexis had even written in his book, that limiting the duty to warn in this way was a loser. [read post]
16 May 2013, 6:05 pm
Having established that the existence of an open and obvious danger will not necessarily relieve a landowner of all duties to lawful entrants with regard to that danger, we set out to answer the following principal question: where the duty to warn has been negated, in what circumstances will the duty to remedy nevertheless exist–or, in other words, in what circumstances “can and should a landowner anticipate that the dangerous condition will… [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]
15 May 2013, 5:15 am
But the plaintiff argued that her negligent misrepresentation claim was not abrogated because it implicated a more general duty not to deceive rather than a duty to warn. [read post]
13 May 2013, 7:53 am
The court ruled that this duty extended to third parties who might be injured if the warning had not been given. [read post]
12 May 2013, 5:30 am
Phil Lawsuit Blames Deadspin For His Ratings Success http://t.co/NFO1hhahNk -> Operator of Germany's Torrent.to Gets Prison Sentence Amid Piracy Crackdown http://t.co/14t9vERNRc -> Injunctions in standard-essential patent cases could be harder to justify after Commission ruling, say experts http://t.co/lEQSwHbaNb -> Copyright Alliance files amicus brief in Aereokiller case http://t.co/RZkH6kbbEg -> Derek Khanna Tweets "Don't Read Gatsby" » The Illusion of More… [read post]
9 May 2013, 5:34 am
District Court asked for certification from the Alabama Supreme Court on the issue of brand name manufacturer liability for duty to warn. [read post]
9 May 2013, 5:30 am
Phil Lawsuit Blames Deadspin For His Ratings Success http://t.co/NFO1hhahNk -> Operator of Germany's Torrent.to Gets Prison Sentence Amid Piracy Crackdown http://t.co/14t9vERNRc -> Injunctions in standard-essential patent cases could be harder to justify after Commission ruling, say experts http://t.co/lEQSwHbaNb -> Copyright Alliance files amicus brief in Aereokiller case http://t.co/RZkH6kbbEg -> Derek Khanna Tweets "Don't Read Gatsby" » The Illusion of More… [read post]
3 May 2013, 9:44 am
The property owner also has a duty to warn customers of hazardous conditions, especially if those conditions cannot be fixed. [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 Apr 2013, 1:01 pm
Jan. 11, 2012) (rejecting duty to test under NC law) − and actually beyond anything recognized in Minnesota, where testing is not an independent claim, but merely an element of a strict liability (which North Carolina bans by statute) duty to warn. [read post]
29 Mar 2013, 2:00 pm
Under Section 2 of the Restatement (Third) of Torts, recognized product defects that may subject a defendant to liability include manufacturing defects, design defects, and failure to warn defects. [read post]
29 Mar 2013, 12:59 pm
Therefore, they had a duty to warn. [read post]
22 Mar 2013, 6:50 am
The Court of Appeals thought the obvious danger did not merit a duty to warn, but the association was still under a duty to repair the sidewalk. [read post]
