Search for: ""duty to warn""
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25 Mar 2011, 11:43 am
(a) It is public policy of this state that, in determining the law applicable to a product liability claim brought by a nonresident of this state against the manufacturer or distributor of a prescription drug for failure to warn, the duty to warn shall be governed solely by the product liability law of the place of injury (“lex loci delicti”).Mylan (and the rest of us) can rest a little easier, at least after the effective date of July 1, 2011. [read post]
22 Mar 2011, 3:51 pm
Thus, with a custody finding goes the duty to warn about the right to remain silent, the right to have a lawyer, and so on, as Miranda specified. [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]
20 Mar 2011, 11:47 pm
(Link is fixed)Derrick DePledge has a piece in the Star Advertiser today about a bill that holds that authors and in some cases publishers of visitor guides and websites have a duty to warn readers of dangerous conditions. [read post]
4 Mar 2011, 9:48 am
If the condition is "open and obvious," a defendant has no duty to warn of the condition. [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]
24 Feb 2011, 1:49 pm
Many of the jurisdictions that have refused to impose a general duty to warn have done so on the basis that the learned-intermediary doctrine places the duty to warn with the prescribing physician. [read post]
23 Feb 2011, 7:43 am
However, because of space constraints for that particular article, I had to cut out much of the text relating to limitations on the duty to warn in South Carolina (I hope to have the material that was cut published as a separate article in the near future). [read post]
21 Feb 2011, 6:00 am
Defendants moved for summary judgment contending no duty to warn plaintiff of the roof's condition, in part arguing the safety requirements of California Occupational Safety and Health Administration (Cal-OSHA) did not apply to the residential remodeling project. [read post]
17 Feb 2011, 4:30 am
Recently, with a new law suit, a North Dakota woman is testing the outer limits of a manufacturer's duty to warn after severing her fingers in a commercial-grade meat grinder.The Grand Forks Herald reports that in November 2007 the plaintiff was pushing venison into a Pragotrade (the company has since changed its name to "Weston") meat grinder as she aided her husband in his meat-processing business. [read post]
16 Feb 2011, 7:18 pm
., real estate developer who was shot during an "exotic angling" trip to Mexico has filed a negligence lawsuit that tests whether tour companies have a duty to warn customers about dangerous destinations. [read post]
15 Feb 2011, 4:30 am
Viad Corp., 197 P.3d 127 (Wash. 2008), holding that the duty to warn is "limited to those in the chain of distribution of the hazardous product. [read post]
10 Feb 2011, 12:25 pm
Carnival also argued that even if it had a duty to warn the passenger of the possibility of a sexual assault or drugging, the intervening criminal act of a third party was the proximate cause of the passenger's damages. [read post]
4 Feb 2011, 8:32 am
The section on exceptions to the duty to warn was originally much longer and had a great deal of additional case law and information. [read post]
3 Feb 2011, 2:11 pm
A few weeks ago a regular reader, and occasional correspondent, Prof. [read post]
1 Feb 2011, 6:06 pm
Jan Hughes can proceed with her claim that Boston Scientific Corp. failed to properly warn her about the Hydro ThermAblator's burn risks, the 5th U.S. [read post]
30 Jan 2011, 10:51 am
It is the property owner's duty to warn of unreasonably dangerous conditions that exist, or take steps to eliminate the danger. [read post]
27 Jan 2011, 5:28 pm
The Ninth Circuit rejected both arguments, finding that California's state law duty to warn -- by placing an appropriate label on generic ibuprofen -- would neither be impossible to comply with nor obstruct the objectives of Congress. [read post]
27 Jan 2011, 8:24 am
Rather, the Court held that, having controlled the defense, Admiral had a duty to warn its insured when that control created a conflict of interest. [read post]
27 Jan 2011, 5:00 am
Where's the parallel tort duty? [read post]
