Search for: ""duty to warn""
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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]
28 Apr 2014, 6:39 am
Jacobsen had a duty to warn oncoming motorists of the hazard he had created by at least operating his four way flashers. [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]
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]
16 May 2020, 12:23 am
General implications of the coronavirus on product liability and a possible duty to warn costumers, without specific reverence to conflict of laws. [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]
23 Nov 2015, 3:39 am
Eventually plaintiff did retain counsel and brought this product liability action on the grounds of strict liability, negligence, and breaches of the implied warranty of fitness, implied warranty of merchantability, and duty to warn. [read post]
8 Nov 2023, 9:50 am
Property owners cannot set traps, and if it is known that there are occasional trespassers, there is a duty to warn them about known dangerous conditions. [read post]
10 Jan 2012, 7:58 am
To be clear, plaintiff’s contention was that the defendant could have met its duty to warn by using these methods of communication “without including substantial new warning information. [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]
13 Nov 2019, 10:35 am
Regents of California (1976), which imposed a “duty to warn” on therapists, and Sindell v. [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]
18 Dec 2009, 5:48 am
Thus, under OPLA as it currently stands, the duty to warn is now a purely statutory claim. [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]
27 Apr 2018, 2:57 pm
In such cases, the manufacturer still has a duty to warn end-users of the heightened and unexpected risks of injury — this can be accomplished through warning labels and the like. [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]
9 Jan 2012, 6:24 pm
According to the Plaintiffs, both Pfizer and Mylan had a duty to warn the decedent, his physician, and the public of the health risks associated with their drug products, among myriad other claims in the Complaint. [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]
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]
19 Mar 2012, 1:31 am
(In Mensing, the Court ruled that FDA’s regulations preventing generic drug manufacturers from changing their labeling except to mirror the label of the brand-name, Reference Listed Drug (“RLD”) 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]
