Search for: "People v. Smith (1988)"
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24 Feb 2011, 1:49 pm
Briefly, courts have adopted the learned intermediary rule because:Warnings go to physicians because they are the only people who know both a particular patient’s medical history as well as the risk/benefit profile of the drug/device being prescribed.Limiting warning duties to physicians makes the common law consistent with warning duties imposed by the FDA.Routing prescription drug/device information through the doctor preserves the physician/patient relationship from outside… [read post]
20 Sep 2007, 12:02 pm
Congress didn't want people to have to jump through a bunch of hoops just to prove what federal administrative agencies have said. [read post]
15 Jul 2018, 9:01 pm
Smith, in 1920, the Court prohibited the use of direct democracy (in that case the referendum device, a close cousin of the initiative) that the people of Ohio tried to employ to undo the state’s (already finalized) ratification of a federal constitutional amendment under the terms of Article V of the Constitution, which also uses the word “Legislature. [read post]
6 Jul 2007, 4:29 am
Wyeth Laboratories, Inc., 533 N.E.2d 748, 755 (Ohio 1988). [read post]
5 Jun 2020, 6:00 am
Olson (1988), Texas v. [read post]
9 Jun 2020, 6:01 am
Olson (1988), Texas v. [read post]
19 Mar 2012, 7:48 pm
The case of United States v. [read post]
18 Jul 2017, 3:32 pm
§ 1988? [read post]
7 May 2015, 3:02 pm
Smith, 578 F.2d 1197, 1205 (7th Cir. 1978) (likewise); Tollett v. [read post]
12 Dec 2013, 12:57 pm
My students Charlie Linehan, Jun Shimizu, and Michael Smith worked on the brief. [read post]
30 Jul 2023, 11:09 am
” Blisset v. [read post]
3 May 2018, 11:23 am
Kyles V. [read post]
1 Sep 2023, 7:06 am
Tillman, 855 F.2d 394, 402 (7th Cir. 1988)). [read post]
9 Aug 2017, 1:37 pm
Green, 321 N.C. 594, 604 (1988). [read post]
20 Apr 2015, 6:30 am
Court of Appeals for the 2d Circuit 2008) (quoting Smith v. [read post]
5 Jun 2013, 5:29 am
Med. 771 (1988); Joshua Muscat & Michael Huncharek, “Causation and disease: Biomedical science in toxic tort litigation,” 31 J. [read post]
9 Nov 2015, 3:45 am
Robinson v. [read post]
1 Jun 2010, 1:55 pm
” People v. [read post]
9 Nov 2023, 6:37 am
Hennis, 323 N.C. 279 (1988). [read post]
3 Mar 2024, 8:09 am
” Smith v. [read post]
