Search for: ""duty to warn""
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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]
10 Feb 2010, 11:56 am
Just as drug companies have no duty to warn patients, neither do pharmacies. [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]
30 Sep 2007, 2:18 pm
A representative not only has a duty to refrain from making unsuitable recommendations, he has a duty to warn against unsuitable investments. [read post]
6 Mar 2012, 6:25 pm
Wang, asserted, among other things, that her statements were true and that she felt she had a duty to warn friends. [read post]
18 Nov 2016, 7:18 am
But the core allegation in these lawsuits is that Nexium’s manufacturer had a duty to warn the plaintiff and her doctors of the risks to let them make an informed choice. [read post]
10 May 2012, 5:00 am
¶285.When a duty to warn arose could not be common because the warnings were changed numerous times since the drug was on the market, and thus were not the same throughout the class. [read post]
25 Aug 2008, 12:02 pm
In support of the district court’s ruling, defense attorneys advanced three preemption arguments: “(1) that the FDA has adopted a ‘pervasive regulatory approach’ – embodied in the FDA’s Advisory, backgrounder and internal enforcement guideline – with which Fellner’s state lawsuit actually conflicts; (2) that the FDA has ‘reject[ed] the use of warning labels’ in favor of a more… [read post]
22 Jan 2019, 7:48 am
Defendants and their insurers will often argue a danger was “open and obvious,” thus negating duty to warn. [read post]
22 Nov 2018, 7:52 am
Defendant also has a duty to warn legal entrants about any existing unreasonable dangers of which defendant is aware, or reasonably should have been aware. [read post]
21 Jul 2020, 11:28 am
Licensee – If you were on the premises as a social guest (e.g., you were attending a party or other event that did not have a business purpose), then the owner or occupier had a duty to warn you of any dangerous conditions that it was unable to fix. [read post]
18 Jan 2018, 3:25 pm
Product manufacturers have traditionally had a duty to warn of risks that they know about or reasonably should have known about. [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]
21 Dec 2010, 6:00 am
Va. 463, 647 S.E.2d 899 (duty of drug manufacturers to warn in context of product liability cases). [read post]
17 May 2024, 1:16 pm
Consider: Two Guests From the Carnival Elation Report Being Drugged and Raped During Excursion in the Bahamas, cruise lines have an absolute duty to warn its passengers of crime dangers not only on its ships but in the ports of call where they visit. [read post]
13 Sep 2011, 2:57 pm
” This conclusion implies that any type of electronic communication poses a risk, and a corresponding duty to warn, simply by virtue of the method of dissemination of information.I don’t believe that the Committee’s intent was to discourage attorneys from using electronic communications with their clients. [read post]
22 May 2012, 11:27 am
In essence, the Eleventh Circuit found plaintiffs’ "argument – that because defendants developed and marketed Vista Lakes, they had a duty to warn prospective purchasers of Pinecastle’s existence – without merit. [read post]
19 Feb 2024, 9:05 pm
Brown and Wald also argue that lawyers should have a duty to warn clients about the risks associated with an incorrect disclosure choice. [read post]
10 Aug 2022, 6:01 am
When a plaintiff brings a premises liability case that falls within the GTLA, she must show that “(1) the governmental entity owns and controls the location…alleged to have caused the injury; (2) a dangerous, defective, or, in the case of sidewalks, unsafe condition caused the injury; (3) the governmental entity had actual or constructive notice of the dangerous condition; and (4) the governmental entity breached its duty to eliminate the condition or its duty to… [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]
