Search for: ""duty to warn""
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26 Apr 2022, 5:01 am
Finally, attackers must take all feasible measures to prevent collateral damage to nonmilitary objectives, including a duty to warn civilian populations that might be affected. [read post]
22 Mar 2016, 7:48 am
And that therefore, defendant had a duty to warn of the risks of birth defects from Clomid taken prior to pregnancy. [read post]
8 Jun 2018, 1:44 pm
Woman: The station had a duty to warn me of the danger, perhaps by painting the grooves (which are mandated by state law to contain spills) brightly. [read post]
1 Nov 2012, 2:37 pm
For those down the line they may allege 1) failure to warn; 2) failure to test; and, 3) failure to re-sterilize. [read post]
4 Apr 2014, 4:59 am
Like Averhart, we could quibble with the idea that Minnesota law provides that “[a] proper warning of a drug’s danger to the prescribing doctor obviates the duty to disclose the danger directly to the consumer,” but we do not get to where that matters because the prescriber’s testimony ended the inquiry. [read post]
28 Aug 2015, 10:00 am
But the prescription drug manufacturer does not owe a duty to warn every physician in any specialty who may later treat a pa [read post]
5 May 2019, 9:12 am
It isn’t just that there was a duty to warn, or that the duty was breached causing injury, but also that there was a link between the breach and the injury. [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]
31 Jul 2013, 8:18 am
While Alabama law may have its issues, it clearly defines the duty to warn in prescription drug cases as a duty that runs to the prescribing physician (or healthcare provider). [read post]
10 Sep 2015, 10:36 am
But even if he had, “there is not duty under Georgia law to report adverse events to the FDA. [read post]
22 Oct 2014, 4:30 am
Accordingly, whether Florida law imposes a duty to warn upon device distributors such as the [d]istributor [d]efendants is a determination best left to State court. [read post]
13 Jan 2016, 6:40 am
But beyond baseline liability protection, CISA also cannot be construed by courts to create a common law duty to share information nor any duty to warn or act based on the information received. [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]
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]
24 Apr 2009, 3:25 pm
Manufacturers owe a duty to warn of dangers identified after the product was first supplied. [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]
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]
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]
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]
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]
