Search for: ""duty to warn""
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1 Nov 2011, 10:29 pm
If a claim arises from a special defect, the governmental unit owes the same duty to warn that a private landowner owes an invitee. [read post]
31 Jan 2012, 3:47 am
Padilla (discussed here) actually went further, holding that counsel was required to do more than simply refrain from giving the wrong advice: he had a duty to warn his client of the possibility that there might be immigration consequences. [read post]
16 Aug 2021, 8:06 am
Myhra’s article The Pharmacist’s Duty to Warn in Texas Reconsidered Within a National Framework is cited in the following article: Jennifer L. [read post]
15 Oct 2018, 11:17 am
Accordingly, as we have been saying, the drug company has a duty to warn of this problem. [read post]
2 Jul 2019, 10:39 am
Nevertheless, the court says that Amazon voluntarily assumed a duty to warn the plaintiff by sending the December 12 email, “which plainly sought to warn her of the dangers posed by the hoverboard. [read post]
26 Feb 2018, 9:01 am
Fertilizer Asbestos Wrongful Death Claims Revived Plaintiff alleged liability against fertilizer manufacturer for breach of warranties, marketing of an ultra-hazardous product, breach of non-delegable duty to warn and civil conspiracy. [read post]
16 Jul 2012, 1:32 pm
Nothwithstanding this argument, a plaintiff usually argues that a product failed to provide a warning (where there has been proof of duty to warn) or that the warning provided was inadequate. [read post]
13 Nov 2019, 10:35 am
Regents of California (1976), which imposed a “duty to warn” on therapists, and Sindell v. [read post]
31 Aug 2011, 6:00 am
M/V FURNESS BRIDGE, 558 F.2d 790 (5th Cir. 1977), elaborated and, citing Trade Banner, stated, “The wharfinger’s duty to warn applies only to ‘any hidden hazard or deficiency . . . not reasonable known to the ship owner. [read post]
9 May 2012, 12:51 pm
When a traditional duty, such as failure to warn of a risk, doesn’t work, new alleged duties seem to crop up. [read post]
11 Apr 2012, 4:53 pm
It is well settled that a landowner is under no duty to warn of a dangerous condition that is open and obvious. [read post]
5 Mar 2012, 11:46 am
Wang, asserted, among other things, that her statements were true and that she felt she had a duty to warn friends. [read post]
29 Aug 2018, 10:00 am
Finally, in limited situations, the regulations permit product manufacturers, producers, packagers, importers, suppliers, and distributors to transfer the duty to warn to retailers. [read post]
26 Apr 2010, 5:15 am
Under Indiana law, there is no duty to warn the ultimate user if the product is sold to a “sophisticated intermediary” whom the manufacturer adequately warned. [read post]
2 Aug 2012, 10:17 am
Mensing, 131 S.Ct. 2567 (2011), in which the Court ruled that FDA’s regulations preventing generic drug manufacturers from changing their labeling except to mirror the label of the brand-name manufacturer (whose drug product is approved under an NDA) preempt state-law failure-to-warn claims against generic drug manufacturers, because generic drug manufacturers are unable to comply with both federal and state duties to warn. [read post]
27 Feb 2009, 7:24 am
Under the [defendants’] reasoning, doctors would be immunized from a recent failure to warn a patient just because they first breached their duty to warn more than five years ago. [read post]
18 Jan 2008, 10:11 am
The Vermont Supreme Court ruled that federal regulation on drug safety only provides a floor on labeling requirements so states are free to impose more restrictive labeling under their own duty-to-warn tort laws. [read post]
20 Sep 2017, 10:36 am
There is no question that medical device company has duty to warn patients of known dangers and report those dangers to the FDA. [read post]
8 Mar 2010, 8:53 am
And if the pharmacy didn't know, it had no duty to warn. [read post]
17 Sep 2016, 3:12 pm
“Generally, a property owner owes two duties to an invitee: (1) the duty to use reasonable care in maintaining the property in a reasonably safe condition; and (2) the duty to warn of latent or concealed dangers which are or should be known to the owner and which are unknown to the invitee and cannot be discovered through the exercise of due care. [read post]