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29 Mar 2012, 6:23 pm by FDABlog HPM
  In Mensing, the Court ruled that FDA’s regulations preventing generic drug manufacturers from changing their labeling except to mirror the label of the brand-name, Reference Listed Drug (“RLD”) 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]
22 Mar 2012, 11:52 am
The sophisticated user doctrine addresses the manufacturer's duty to warn of potential dangers associated with the use of their products. [read post]
22 Mar 2012, 10:24 am by admin
Nevertheless, defense attorneys had the duty to warn their clients of such consequences. [read post]
21 Mar 2012, 4:44 pm
Contractors also have a duty to warn workers about potential safety hazards and take proper safety precautions. [read post]
20 Mar 2012, 7:25 pm
Did the defendants have a "continuing duty to warn" plaintiff regarding the dangers of DES, as those dangers became known, and that this duty delayed the running of the Statute of Limitations? [read post]
19 Mar 2012, 12:49 pm
The sophisticated user doctrine is used to establish a manufacturer's duty to warn product users of potential dangers associated with the use of their products. [read post]
19 Mar 2012, 1:31 am by FDABlog HPM
  (In Mensing, the Court ruled that FDA’s regulations preventing generic drug manufacturers from changing their labeling except to mirror the label of the brand-name, Reference Listed Drug (“RLD”) 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]
16 Mar 2012, 5:00 am by Bexis
”  The Court stated:This duty to warn and the accompanying threat of liability will inevitably influence a manufacturer’s choice whether to use that particular design. [read post]
15 Mar 2012, 12:57 pm
There is only a slight distinction between when you are owed a warning from your employer and when you are not owed a warning. [read post]
15 Mar 2012, 7:29 am
It is often hard to think that you were working with fatal substances and no one warned you. [read post]
13 Mar 2012, 11:54 am by Eugene Volokh
Does the woman have the duty to warn all her party guests of the risk, or face negligence liability if she fails to warn and one of the guests is injured in an attack? [read post]
9 Mar 2012, 10:54 am by Max Kennerly, Esq.
Which raises the right question: why can’t Pradaxa warn patients that the dru [read post]
9 Mar 2012, 4:22 am by Dianne Saxe
Municipalities have a statutory duty to maintain their roads in a proper state of repair (see, for example, s. 44 of Ontario’s Municipal Act), and a common law duty to warn the road users of hazards. [read post]
6 Mar 2012, 6:25 pm by Hakemi
Wang, asserted, among other things, that her statements were true and that she felt she had a duty to warn friends. [read post]
1 Mar 2012, 5:03 pm by CaliforniaInsuranceDefense
Recently, California’s Fourth District Court of Appeal in San Diego held that an insurance broker, Aon, who placed an OCIP covering a construction project had no legal duty to warn a subcontractor covered under the OCIP issued by Legion, which insurer became insolvent—even though the insurance broker learned that Legion was insolvent before the subcontractor work was completed. [read post]
1 Mar 2012, 5:03 pm by CaliforniaInsuranceDefense
Recently, California’s Fourth District Court of Appeal in San Diego held that an insurance broker, Aon, who placed an OCIP covering a construction project had no legal duty to warn a subcontractor covered under the OCIP issued by Legion, which insurer became insolvent—even though the insurance broker learned that Legion was insolvent before the subcontractor work was completed. [read post]
1 Mar 2012, 5:03 pm by CaliforniaInsuranceDefense
Recently, California’s Fourth District Court of Appeal in San Diego held that an insurance broker, Aon, who placed an OCIP covering a construction project had no legal duty to warn a subcontractor covered under the OCIP issued by Legion, which insurer became insolvent—even though the insurance broker learned that Legion was insolvent before the subcontractor work was completed. [read post]