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10 Apr 2012, 10:02 am
Thus the question became whether the previous New York state law applied to the defendant's duty to warn or the federal law created later. [read post]
29 Feb 2012, 12:11 pm by David Oliver
  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]
4 Mar 2009, 7:04 am
The Supreme Court, voting 6-3, ruled on Wednesday that federal approval of labels giving warnings about effects of drugs does not bar lawsuits under state law claiming inadequate warnings of a health risk. [read post]
27 Jun 2012, 4:30 am by Steven Buckingham
The court also held that, even if the employee had been warned, the company had a duty to enforce its policy against using gas around open flames. [read post]
28 Aug 2016, 1:07 pm by Patrick E. Knie
According to the court, the embankment complained of by the plaintiff was an open and obvious condition of which the restaurant owner owed no duty to warn the plaintiff, even though this allegedly resulted in the plaintiff being unable to exit the drive-through lane to get to safety during the attack. [read post]
8 Jan 2015, 7:22 am by Friedman, Rodman & Frank, P.A.
Since the cruise ship passengers claimed that the companies had a duty to warn them regarding the purported danger and failed to do so, the court said the claim asserted was sufficient to survive a motion to dismiss for failure to state a claim upon which relief may be granted. [read post]
30 Oct 2008, 4:38 pm
Levine sued the manufacturer, Wyeth, contending the company suppressed key information and neglected its duty to warn consumers that such injections could have horrific side effects. [read post]
17 Apr 2007, 11:02 am
Because the gravel was not a latent danger, Ivy Tech had no duty to warn Gilpin about it. [read post]
28 Aug 2016, 1:07 pm by Patrick E. Knie
According to the court, the embankment complained of by the plaintiff was an open and obvious condition of which the restaurant owner owed no duty to warn the plaintiff, even though this allegedly resulted in the plaintiff being unable to exit the drive-through lane to get to safety during the attack. [read post]
17 May 2016, 9:42 am by Neumann Law Group
She sued for premises liability, alleging the defendants had violated their duty to warn her of a dangerous situation on their property — specifically, black ice. [read post]
1 Nov 2011, 4:35 am by Cal Warriner
The court ruled that despite actual knowledge that consumers taking generic Reglan were at high risk of developing this disorder, the company had no duty to warn consumers of this fact. [read post]
5 Jan 2010, 6:48 am by Sean Wajert
between the parties, or in a post-sale duty to warn tort claim. [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]
15 Jul 2015, 9:32 am by Frankl & Kominsky, P.A.
The festival argued, alternatively, that even if it had control, summary judgment was nonetheless proper because the exposed pipe was an open and obvious hazard, and thus there was no duty to warn the plaintiff of its presence. [read post]
31 Dec 2010, 11:31 am by Bexis
  Two things:Yesterday the Montana Supreme Court, reaffirmed the learned intermediary rule, although holding that the duty to warn extended to all of the medical personnel - including nurses - who treated the plaintiff. [read post]
7 Jun 2010, 3:17 pm by ALeonard
"  After quoting from an Ohio decision holding along the same lines, Justice Colabella continued, "The duty to warn a sexual partner or otherwise take precautions to prevent the transmission of a known venereal disease, therefore, should be extended in the circumstances at bar to the spouse as well. [read post]
13 Jun 2008, 4:43 pm
By a 5-3 vote (Justice O’Neill did not sit), the Court held that the landowner had no duty to warn that employee of the danger from not having handrails on a ramp. [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]