Search for: ""duty to warn""
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31 May 2014, 6:45 am
” Regarding the governor’s general responsibility to “maintain order,” the SCOV notes that it’s not about to impose a duty to warn of and prevent misconduct so broad as to be unworkable on volunteer officers. [read post]
8 Apr 2015, 5:00 am
If the learned-intermediary doctrine applies with equal force to them, and therefore negates a duty to warn of dangers of which they were unaware, and thus creates a defense common to all the defendants, the case has to be remanded to the state court. [read post]
25 Jul 2013, 5:00 am
This bright preemption line is summarized by the statement in Mensing: “[W]hen a party cannot satisfy its state duties without the Federal Government’s special permission and assistance, which is dependent on the exercise of judgment by a federal agency, that party cannot independently satisfy those state duties for pre-emption purposes. [read post]
15 Dec 2015, 12:25 pm
Plaintiff pointed to a decision by the Northern District of New York holding that a manufacturer’s duty to warn extends not to the plaintiff but to the plaintiff’s physician and that that duty is parallel to the federal duty to report adverse events. [read post]
3 Jul 2014, 12:08 pm
The parties we represent – drug manufacturers – do not publish these things, and they generally don’t have any duty to warn patients anyway. [read post]
4 Nov 2014, 2:16 pm
Exclusion of Evidence Regarding a Duty to Warn Plaintiffs Directly. [read post]
9 Jan 2013, 4:00 am
But nothing in Oklahoma law suggests “any duty of a pharmacy to prevent a patient from, or warn a patient about, combining prescription drugs. [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]
10 Nov 2014, 8:08 am
Carnival (cruise lines have duty to warn of crimes in ports of call), Johnson v. [read post]
12 Oct 2015, 9:29 am
“According to the learned intermediary doctrine, where a defendant manufactures a product which is dispensed to patients by doctors, rather than directly, the defendant has a duty to warn only the doctor, rather than the patients of any risks associated with the product’s use. [read post]
19 May 2023, 8:41 am
“Under California law, failure-to-warn claims brought in products liability actions are subject to the learned intermediary doctrine, which holds that a manufacturer of prescription drugs or certain medical devices satisfies its duty to warn by providing adequate warning to the prescribing physician, rather than the patient. [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]
10 Jul 2014, 5:00 am
Although the district court couched this holding in terms of a “duty to warn,” we call this a failure of warnings causation. [read post]
29 May 2016, 9:38 am
“Every person has a right to presume that every other perform his duty and obey the law. [read post]
3 Mar 2011, 2:04 pm
First we’ll list our state-by-state research topics, and we’ll follow that with other nationwide research organized by topic.Finally, we’ll provide the dates for each post, so any user will know where, chronologically, our research stopped.STATE-BY-STATE NATIONWIDE RESEARCHSubstantive Law:Consumer Fraud – Extraterritoriality rejected (9/13/07)Fraud on the Market – Fraud on the market causation theories rejected outside of the federal securities law context… [read post]
21 Mar 2011, 10:23 am
Therefore, the trial court noted, the only potential basis for imposing liability on defendants was the breach of a duty to warn of a danger. [read post]
7 Feb 2012, 6:05 am
Moreover, defendants “had no duty to warn of risks arising from other manufacturers’ products. [read post]
10 Oct 2022, 3:00 am
However, there is the question of whether the state has a legal duty to warn drivers on the portion of state-controlled road. [read post]
15 Mar 2018, 9:43 am
Herrick also claimed that Grindr had a duty to warn him and other users that it could not protect them from harassment stemming from impersonators. [read post]
18 Jan 2012, 2:15 am
Such an expanded duty could also undermine consumer safety by inundating users with excessive warnings. [read post]
