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17 Aug 2012, 6:15 am
Under the laws of most states, Breg was under a legal duty to warn physicians and their patients of all risks associated with its pumps about which it knew or should have known. [read post]
15 Aug 2012, 11:00 am by Brien Roche
  The Court held that armed with that knowledge CVS had a duty to warn the customer or to notify the physician of the potential inconsistency. [read post]
15 Aug 2012, 8:44 am
They tried to show that the defendants failed to reasonably evaluate the utility and safety of Silzone before introducing it to the market and then failed in their duty to warn of its risks. [read post]
15 Aug 2012, 8:00 am
The suit claims that the defendants had a duty to warn the ultimate user of the defective design. [read post]
11 Aug 2012, 9:18 am by Michael Thomas
The court found that the relevant case law indicated that insurers do not have a duty to warn an insured that a limitation period has commenced or will soon expire citing Recchia v. [read post]
10 Aug 2012, 5:00 am by Bexis
In rejecting plaintiffs' theory, the Court held that while the defendant had a duty to warn, “[t]he duty to warn has never before required a supplier or manufacturer to provide training, only to provide accurate and thorough instructions on the safe use of the product... [read post]
9 Aug 2012, 3:09 pm by Kirk Jenkins
 According to the majority, plaintiffs nowhere alleged any affirmative duty to warn Urbana of the teacher’s conduct. [read post]
9 Aug 2012, 3:09 pm by Kirk Jenkins
 According to the majority, plaintiffs nowhere alleged any affirmative duty to warn Urbana of the teacher’s conduct. [read post]
8 Aug 2012, 8:05 am by Matthew A. Reed
 Indeed, Rosa strongly suggests that only articles that are publicly available prior to the alleged injury and articulate a scientifically-validated causal link between a manufacturer’s product and the plaintiff’s injury will trigger the manufacturer’s duty to warn of that injury. [read post]
6 Aug 2012, 2:41 pm by Andrew Dat
  Many may not be aware that therapists actually owe a duty to warn others when they are aware or have reasonable suspicion that their patient may harm another person. [read post]
6 Aug 2012, 2:41 pm by Andrew Dat
  Many may not be aware that therapists actually owe a duty to warn others when they are aware or have reasonable suspicion that their patient may harm another person. [read post]
2 Aug 2012, 10:17 am by FDABlog HPM
Mensing, 131 S.Ct. 2567 (2011), in which the Court ruled that FDA’s regulations preventing generic drug manufacturers from changing their labeling except to mirror the label of the brand-name manufacturer (whose drug product is approved under an NDA) preempt state-law failure-to-warn claims against generic drug manufacturers, because generic drug manufacturers are unable to comply with both federal and state duties to warn. [read post]
30 Jul 2012, 9:47 am
For example, contractors have a duty to warn construction workers about potential safety hazards and to ensure a reasonable level of workplace safety. [read post]
27 Jul 2012, 1:00 am by John Diekman
Practice point: Although a landowner has a duty to maintain its premises in a reasonably safe manner, there is no duty to protect or warn against an open and obvious condition which, as a matter of law, is not inherently dangerous.Student note: Generally, a wheel stop which is clearly visible presents no unreasonable risk of harm and, thus, is not inherently dangerous. [read post]
26 Jul 2012, 7:37 pm by Mark Bennett
When an airline’s pilots suffer from seizures, its flight attendants are sociopaths, its mechanics are drunks, and its flights are as likely to end in a fireball as in a smooth landing, conscientious airline employees have a duty to warn the public. [read post]
26 Jul 2012, 4:27 pm by Michael Dery
  In its ruling, the Court confirmed that the duty to warn has never before required a supplier or manufacturer to provide training, only accurate and thorough instructions on the safe use of the product, as Cirrus had done in this case. [read post]
26 Jul 2012, 2:34 am by SHG
  A predicate to the duty to warn is that the psychiatrist be actually aware of the threat. [read post]