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19 Mar 2014, 1:24 pm
The only other claims that the Restatement recognizes (in Chapter 2) are those based on: (1) misrepresentation (which is not defect-based), (2) post-sale duty to warn (which, involving matters occurring after sale, would not help a plaintiff on any Bartlett/Mensing/Levine preemption issue), and (3) duty to recall (which the Restatement rejects in the absence of prior government action). [read post]
25 Jun 2015, 5:00 am
Supp.2d 364, 374 (D.N.J. 2004) (UTPCPL claims barred under Pennsylvania law because there is “no duty to disclose any information directly to Plaintiff”).California courts did pretty much the same thing in Kanter v. [read post]
8 Apr 2016, 11:22 am
The presence of a learned intermediary cuts off plaintiffs’ ability to prove reliance and causation – there is no duty to warn the patient directly. [read post]
15 May 2013, 5:15 am
But the plaintiff argued that her negligent misrepresentation claim was not abrogated because it implicated a more general duty not to deceive rather than a duty to warn. [read post]
20 Mar 2023, 7:52 am
In 2016, the FDA removed the statement about worse clinical outcomes from the boxed warning and just warned about “diminished antiplatelet effect. [read post]
31 Dec 2012, 9:58 am
This year we won a major appeal where the 11th Circuit Court of Appeal ruled that Carnival has the legal duty to warn passengers of violence and crimes in ports of call. [read post]
17 Mar 2015, 12:59 pm
In an effort to combat and draw attention to the seriousness of Bullying, OCMS partnered with Marlene Seltzer, MD, Director of the Beaumont Children's Hospital NoBLE Anti-Bullying Program and Rob Iwrey, Esq. [read post]
4 May 2018, 6:50 am
The Court found these warnings were sufficient to render the machine safe for use if the user followed the warnings. [read post]
23 Dec 2013, 5:16 am
If a state’s general tort law on adequacy of warnings, or post-sale duty to warn, is sufficiently close as to constitute a “parallel” violation claim, then “parallel” has lost its meaning, and the Riegeldictum about parallel claims has swallowed Riegel’s holding whole. [read post]
14 Feb 2014, 10:01 am
Other than to whom the manufacturer’s duty to warn runs, the causes of action available for plaintiffs suing over OTC drugs are pretty much the same as for prescription drugs. [read post]
6 Jul 2014, 9:08 am
, and duty-to-warn (what duty?) [read post]
20 May 2019, 9:18 am
Raymark Indus., Inc., 905 F.2d 793, 797 (4th Cir. 1990)). [4] § 388 Chattel Known to Be Dangerous for Intended Use, Restatement (Second) of Torts (1965). [5] Under New York law, for instance, the duty to warn in strict liability is identical in nature and scope as the duty in negligence. [read post]
4 Jan 2012, 1:21 pm
Cruise Ship Litigation and the application of the law is an ever-changing landscape. [read post]
23 Sep 2011, 12:08 pm
Duty to Protect the Patient: These cases are more common and closer to traditional failure to warn cases – but again, there is something about the reps’ actual presence in the OR during surgery which has allowed some courts to find a duty that seems to trump the learned intermediary doctrine. [read post]
18 Feb 2009, 1:11 am
Specifically, the plaintiff maintained that he was an invitee on the property and that the homeowner failed to maintain a reasonably safe premises and warn him of the potential risk of harm.The homeowner moved for summary judgment asserting, inter alia, the plaintiff was a licensee and, consequently, because the danger presented by the slippery steps "was open and obvious," the homeowner owed him no duty either to correct that condition or to warn him of that… [read post]
2 Oct 2008, 12:36 pm
" appreciates - and those on the other side despise - is what the rule does to warnings and warning causation. [read post]
9 Jan 2014, 1:37 pm
Knaier, “An Informed-Choice Duty to Instruct? [read post]
23 Apr 2017, 1:18 pm
Again, the Court held that there existed no special duty. [read post]
13 May 2019, 5:51 am
(finding no duty to warn of the inherent dangers of motorized carts.) [read post]
31 Jul 2008, 5:30 pm
[D]ates are vitally important with respect to the duty to warn. [read post]
