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24 Feb 2010, 10:24 pm by Howard | Nassiri, PC
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]
21 Feb 2010, 4:17 am by Dr. Shezad Malik
The report says Glaxo had a duty to warn patients and the FDA about its concerns in a timely manner. [read post]
12 Feb 2010, 4:30 am by Jim Dedman
In his post, Comer concludes:[T]his is the area of law that is applicable to cell phones and whether there is a duty to warn about cell phone use while driving. [read post]
11 Feb 2010, 11:22 am by Beck, et al.
Those courts have correctly held that brand name manufacturers do not have a legal duty to warn about the risks associated with their competitors' generic drugs. [read post]
10 Feb 2010, 11:56 am by Beck, et al.
  Just as drug companies have no duty to warn patients, neither do pharmacies. [read post]
10 Feb 2010, 6:06 am by Brian A. Comer
South Carolina courts have used similar analysis to determine that there is no duty to warn about overtightening of lug nuts so as to avoid cracking them. [read post]
7 Feb 2010, 1:01 pm by Michael Baseluos
It is the pharmaceutical company's duty to warn the doctors (known as learned intermediaries) as opposed to direct warnings to the consumers. [read post]
29 Jan 2010, 5:33 am by Carey, Danis & Lowe
Our defective drug lawyers help patients who are harmed by a manufacturer’s failure to live up to that duty -- its failure to warn the public about safety risks. [read post]
28 Jan 2010, 7:59 am by Brian Hollar
  While I would not argue that law schools should have a legal duty to warn students about this potential disaster, I think there is a very strong argument they have a moral duty to do so. [read post]
27 Jan 2010, 5:31 am by Brian A. Comer
App. 1998) (separating the warnings analysis into a determination of duty to warn and adequacy of the warning).Check back for more on warnings. [read post]
14 Jan 2010, 5:23 am by Sean Wajert
  The Washington court found the duty to warn under common law negligence was limited to those in the chain of distribution of the hazardous product. [read post]
9 Jan 2010, 7:57 am
Agreeing with a recent Eighth Circuit ruling that I previously covered here, the Fifth Circuit ruled yesterday that "[b]ecause state imposition of duties to warn on generic drug manufacturers neither renders compliance with federal regulation impossible nor obstructs the goals of that regulation, we AFFIRM the district court's finding that Demahy's state-law failure-to-warn claims are not preempted. [read post]
5 Jan 2010, 6:48 am by Sean Wajert
between the parties, or in a post-sale duty to warn tort claim. [read post]
2 Jan 2010, 7:06 am by Daniel E. Cummins
June 17, 2009), the Supreme Court declined an opportunity to settle the important issue of whether negligence concepts should be introduced into the strict liability doctrine currently employed under Pennsylvania law.In this asbestos case, the defense wished to introduce concepts of foreseeability into the issue of whether it violated any duty to warn given that it was not allegedly foreseeable, at the time, that the plaintiff could be injured as a result of the defendant's… [read post]
22 Dec 2009, 6:45 am by Bryan Fears
A landowner is charged with the duty of warning the licensee against dangerous conditions of which the owner is aware. [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 Dec 2009, 1:22 am by drdiekman
Practitioners should note that there is no duty to warn or protect against an open and obvious condition which is not inherently dangerous. [read post]