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11 Oct 2011, 8:25 am
To impose on the manufacturer a duty to warn the patient directly would “interfere with the physician-patient relationship. [read post]
10 Oct 2011, 4:00 am
The plaintiff argued that "at no time did Breg fulfill its duty to warn physicians. [read post]
7 Oct 2011, 1:25 pm
Tattoo artists are not medical doctors and do not have a "duty to warn" clients of health risks, or even to inform themselves. [read post]
6 Oct 2011, 10:39 pm
Prodded by UNICEF and the Hague Convention, countries cut back on international adoption, leaving kids to future of orphanage life [Reason.tv video, interviewing among others Harvard's Elizabeth Bartholet; more] Critics: lawyers are main winners in NYC rent settlement [NYDN] NYC rent stabilization rules gave landlords incentive to do luxury conversions [FWIW] Breast-aurant rivals in court: “Hooters Suing Twin Peaks, Which Previously Sued Grand Tetons” [Lowering the Bar,… [read post]
6 Oct 2011, 8:41 pm
Kentucky; since the Court held that defense counsel only has a Sixth Amendment duty to warn noncitizens about immigration consequences that are “succinct, clear, and explicit” from the immigration statute, there is no clear obligation to warn about deportability for a CIMT. [read post]
4 Oct 2011, 7:42 pm
According to new ABA opinion letters, and a new article from Corporate Counsel, attorneys in employment law owe a duty to warn employee-clients about email interception. [read post]
4 Oct 2011, 3:35 am
One consequence a trial judge does have a duty to warn a defendant about is its effect on his immigration status if he’s not a citizen. [read post]
30 Sep 2011, 7:07 am
., the Illinois Supreme Court held that duty analysis in a negligent-product- design case encompasses a risk-utility balancing test in which compliance with industry standards is relevant, but not dispositive. [read post]
29 Sep 2011, 7:25 pm
Finally, on the post-sale duty to warn count, it found that evidence for it was not truly submitted at trial. [read post]
29 Sep 2011, 2:09 pm
The duty to warn is much narrower . . . . [read post]
23 Sep 2011, 12:13 pm
Most recently, Sacramento County has claimed that the county is entitled to immunity from the civil lawsuit, but Superior Court Judge Rudolph Loncke rejected this argument, stating that either a jury or an appellate court must make the decision whether the county and the conservator had a duty to warn the group home operators. [read post]
23 Sep 2011, 12:08 pm
Duty to Protect the Patient: These cases are more common and closer to traditional failure to warn cases – but again, there is something about the reps’ actual presence in the OR during surgery which has allowed some courts to find a duty that seems to trump the learned intermediary doctrine. [read post]
23 Sep 2011, 7:44 am
A recent United States Court of Appeals, Ninth Circuit case discusses what a passenger should or should not expect to be warned about by the cruise line. [read post]
22 Sep 2011, 10:22 pm
There is no duty to flag this for consumers. [read post]
21 Sep 2011, 5:11 am
The opinion goes so far as to note that a lawyer who becomes aware that the client is receiving personal email on a workplace computer or other device owned or controlled by the employer has a duty to warn that this practice should be discontinued. [read post]
15 Sep 2011, 5:00 am
“A hospital’s or medical staff’s failures to perform their duties from that point [after having been warned] forward do not operate to create, or to extend, a manufacturer’s duty to warn. [read post]
14 Sep 2011, 10:41 am
Even if no side effects are known at the time the product was released in the market, the manufacturer has a duty to warn the customers as and when a side effect is discovered. [read post]
14 Sep 2011, 6:08 am
Duty to Warn Could Apply, ABA Opinion Says - http://tinyurl.com/3obvu44 (Martha Neil) Judicial Perspective: Q&A With Ronald J. [read post]
13 Sep 2011, 2:57 pm
” This conclusion implies that any type of electronic communication poses a risk, and a corresponding duty to warn, simply by virtue of the method of dissemination of information.I don’t believe that the Committee’s intent was to discourage attorneys from using electronic communications with their clients. [read post]
