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5 Feb 2018, 8:23 am
The other way to interpret this case is treat it like a premises liability case and defendant would argue they had no duty to warn of a known danger. [read post]
31 Aug 2011, 6:00 am
M/V FURNESS BRIDGE, 558 F.2d 790 (5th Cir. 1977), elaborated and, citing Trade Banner, stated, “The wharfinger’s duty to warn applies only to ‘any hidden hazard or deficiency . . . not reasonable known to the ship owner. [read post]
3 Jul 2012, 8:53 am
Senate Finance Committee investigation revealed that GSK knew about these adverse effects for years and failed in their duty to warn patients. [read post]
31 Jul 2020, 12:44 pm
” For example, Texas courts have held that property owners owed no duty to warn about the risks of slipping on a patch of ice or sitting on a cliff’s edge. [read post]
11 Oct 2014, 11:57 am
In particular, does the consultant owe any such duty in respect of subsurface conditions? [read post]
14 Jun 2015, 9:30 pm
Disclosure requirements appear everywhere: tort law (“duty to warn”); consumer protection (“truth in lending”); bioethics and health care (“informed consent”); online contracting (“opportunity to read”); food law (“nutrition data”); campaign finance regulation; privacy protection; insurance regulation; and more. [read post]
11 Aug 2016, 7:12 pm
The claim asserted was that the steering system is defective because it contains an inherent danger unknown to users, and Teleflex breached its duty to warn unsuspecting users of a dangerous risk in using its product. [read post]
10 Feb 2010, 11:56 am
Just as drug companies have no duty to warn patients, neither do pharmacies. [read post]
5 Mar 2012, 11:50 am
Wang, asserted, among other things, that her statements were true and that she felt she had a duty to warn friends. [read post]
State Supreme Court Reverses Trial Court’s Denial of Summary Judgment in Single Car Crash on Highway
16 Feb 2015, 8:25 pm
The court said the problem with Jobes’s allegations against the railroad and its failings was that the duty to place warning signs and repair its railroad trestles was not the duty of the railroad, but had been relegated to MDOT pursuant to Mississippi law. [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]
3 Aug 2010, 12:00 pm
[P]ublic policy considerations weigh heavily against imposing a duty to recall on a manufacturer.Slip op. at 12 ¶22.Then there's the court's total dictum applying a "post-sale duty to warn" in drug cases. [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]
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]
16 Mar 2012, 5:00 am
” The Court stated:This duty to warn and the accompanying threat of liability will inevitably influence a manufacturer’s choice whether to use that particular design. [read post]
11 Nov 2016, 10:49 am
In a failure to warn claim, the plaintiff argues that the manufacturer knew about the dangers posed by the product, had a duty to warn patients about those dangers, and were negligent about their duty in such a manner that the patient was hurt by the product. [read post]
18 Nov 2010, 1:56 pm
Similarly, it may be argued that distributors and retailers of brass plumbing fixtures have a duty to warn customers of the well known risks posed by the use of plumbing fixtures comprised of uninhibited brass containing greater than 15% zinc. [read post]
26 Feb 2018, 9:01 am
Fertilizer Asbestos Wrongful Death Claims Revived Plaintiff alleged liability against fertilizer manufacturer for breach of warranties, marketing of an ultra-hazardous product, breach of non-delegable duty to warn and civil conspiracy. [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]
4 Aug 2010, 3:01 pm
The deficiency in question was not readily identifiable, and hence, under the principle of protection of legitimate expectations, the EPO had no duty to warn the appellant. [read post]
