Search for: ""duty to warn""
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18 Mar 2016, 2:04 pm
Thus, the defendant had a duty to strengthen the drug’s warnings in 2001, and if it had done so, it would have prevented their injuries, which were diagnosed in 2012. [read post]
5 Jun 2015, 1:29 pm
Moreover, “even if Plaintiff had presented evidence tying the brochure to Defendant’s duty to warn and to show that [the decedent] had read the brochure, . . . [read post]
6 Nov 2014, 5:00 am
July 23, 2010), Karl did not preclude a pharmacy from raising learned intermediary principles as a “shield” from liability because Karl did not arise in “the context of a pharmacist's duty to warn. [read post]
24 May 2007, 10:40 am
Thus deference principles have led courts not to impose warning duties upon suppliers of bulk drug components beyond the minimal ("for repackaging") warnings required by the FDA. [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]
10 Jun 2009, 10:00 pm
App. 1991) ("such a requirement is the logical extension of the fact that a prescription drug manufacturer's duty to warn is directed to the prescribing physician. [read post]
2 Sep 2009, 11:01 am
Giant institutions that sniffed out the truth or suspected it, and therefore refused to do business with Madoff but said nothing to the SEC or FINRA, will put forth the same position if sued because they warned nobody. [read post]
10 Mar 2010, 5:00 am
Doesn't happen.Then the doctor would have to – as the doctor in Tenuto did not – think that the one-in-a-million warning was important enough to bring up during the less than ten minutes s/he saw the hypothetical patient.The court held that this utterly impractical warning duty was not preempted – because the defendant in fact did revise its warnings (after the fact, of course) to include the information. [read post]
23 Mar 2024, 10:00 am
Internet Brands: plaintiffs’ claim is predicated on the third-party content, of which they assert defendants had a duty to warn. [read post]
24 Oct 2017, 6:29 pm
State of the Art The duty to warn is constrained by what is known or should have been known at the time of marketing, what lawyers sometimes call “state of the art. [read post]
17 Jul 2008, 7:27 pm
That is, plaintiffs would claim that the label as approved was OK, but that the defendant had not lived up to its obligations thereafter, and that for that reason the label should have been changed.Well, that kind of claim sounded a lot like a post-sale duty to warn or failure to recall claim to us. [read post]
24 Apr 2009, 3:25 pm
Manufacturers owe a duty to warn of dangers identified after the product was first supplied. [read post]
11 Aug 2016, 7:12 pm
The claim asserted was that the steering system is defective because it contains an inherent danger unknown to users, and Teleflex breached its duty to warn unsuspecting users of a dangerous risk in using its product. [read post]
14 Nov 2011, 4:18 am
But we gather that the plaintiff alleged failure to warn under the Connecticut Product Liability Act. [read post]
11 Jul 2023, 9:37 am
Amazon therefore had no duty to provide additional warnings regarding the dangers of ingesting Sodium Nitrite… even if Amazon owed a duty to provide additional warnings as to the dangers of ingesting sodium nitrite, its failure to do so was not the proximate cause of Kristine and Ethan’s deaths…Kristine and Ethan sought the Sodium Nitrite out for the purpose of committing suicide and intentionally subjected themselves to the Sodium… [read post]
28 Jan 2015, 9:45 am
First, in granting the motion for judgment, the trial court noted that an owner had no duty to warn an invitee of an open and obvious danger. [read post]
14 Jun 2017, 9:42 am
He acknowledged that Hector had no duty to warn Joseph of the open and obvious condition of the roof, but he asserted that, by demanding that Joseph go onto the frost-covered roof, he breached his duty of preventing the risk of foreseeable harm to Joseph. [read post]
18 Oct 2017, 8:00 am
In this case, the panel held that, under Illinois law, a manufacturer’s duty to warn about the improper usage of a product occurs when parallel to a federal prohibition on misbranding of the medical devices. [read post]
31 May 2016, 12:28 pm
Using a pseudo-textualist approach, the panel says Doe’s failure-to-warn claim does not treat ModelMayhem as the “publisher or speaker” of third party content because: The duty to warn allegedly imposed by California law would not require Internet Brands to remove any user content or otherwise affect how it publishes or monitors such content. [read post]
28 Nov 2009, 7:11 am
To extend a duty to warn about a competing product would "stretch[] the concept of foreseeability too far. [read post]
