Search for: ""duty to warn""
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15 Mar 2010, 6:03 pm
She asserted personal injury claims under the Louisiana Products Liability Act for, among other things, failure to warn of the risks of the drug's long-term use.The Fifth Circuit rejected the argument that compliance with state duties to warn would burden generic manufacturers with duplicative drug trials, noting that clinical studies are not prerequisites to labeling changes and reports of adverse drug reactions can substantiate the need for a heightened… [read post]
15 Mar 2010, 3:17 pm
Her appellate work has helped shape toxic tort law in California, including the scope of the duty to warn sophisticated users of product hazards and the guidelines for admitting expert testimony at trial. [read post]
15 Mar 2010, 2:09 pm
However, in addition to providing remedies to those who have been injured, the ever-evolving body of statutory and common laws governing liability for defective products benefits society as a whole, in that litigation premised on these laws often serves as a vital force for change, resulting in safer products, improved warnings, better regulation of product safety, and greater public awareness of product hazards. [read post]
12 Mar 2010, 6:41 am
" Slip op. at 5 (citation omitted).This time the plaintiff tried to equate the FDA's CBE warning update regulations with a common law claim for post-sale duty to warn. [read post]
11 Mar 2010, 5:16 am
Id.With regard to Plaintiff's negligence claim, the Court reiterated that there is no duty to warn of dangers that are open and obvious. [read post]
11 Mar 2010, 3:44 am
The strict liability claim was for alleged failure to warn; a warning defect claim requires that defendant 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]
8 Mar 2010, 8:53 am
And if the pharmacy didn't know, it had no duty to warn. [read post]
8 Mar 2010, 2:51 am
The court’s analysis turned on the issue of the duty owed by the team to the fan, who was an “invitee” meaning he was invited onto the premises. [read post]
7 Mar 2010, 8:12 am
Cruise lines also have a duty to warn passengers of dangers which are known, or should be known, to the cruise line. [read post]
6 Mar 2010, 3:12 am
The wave and wind conditions at the time of the incident should have clearly alerted the officers on duty to warn the passengers to secure themselves in their cabins. [read post]
5 Mar 2010, 1:04 pm
" The abstract follows:"The effect of state duty to warn laws inspired by Tarasoff v. [read post]
4 Mar 2010, 10:58 am
She claimed there should be a duty to warn about possible risks of possible off-label uses. [read post]
4 Mar 2010, 3:19 am
Exploiting the variation in the timing and style of duty to warn laws across states, I use a fixed effects model to find that, all else equal and controlling for the prevalence of crack, mandatory duty to warn laws cause an increase in homicides of 9.5% or 0.83 people per 100,000. [read post]
3 Mar 2010, 7:47 am
When market developments in the second half of 2007 exponentially increased the risk of auction rate securities, broker-dealers and investment advisers had a duty to warn their clients of those increased risks. [read post]
2 Mar 2010, 8:24 am
The theory seems to be of the duty to control/duty to warn type (Remember Tarasoff?) [read post]
1 Mar 2010, 3:53 pm
The Appellate Court held that the chain could cause an unreasonable risk of harm , and the university had a duty to warn of dangerous conditions caused by the chain. [read post]
1 Mar 2010, 8:21 am
News sources in the area report that the lawsuits accuse the companies of “negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn”. [read post]
25 Feb 2010, 4:30 am
As a result, it can be argued that GSK had a duty to warn patients and the FDA of the Company’s concerns. [read post]
Dangerous Drug?: Senate Report Alleges That GlaxoSmithKline Knew Avandia Increased Heart Attack Risk
24 Feb 2010, 10:24 pm
Grassley and Baucus note in their report that despite Glaxo's duty to warn patients and the FDA about this unfortunate cardiovascular risk, the company instead tried to misrepresent or minimize the findings while intimidating independent doctors. [read post]
