Search for: ""duty to warn""
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28 Jan 2022, 5:01 am
The psychiatrist may have a duty to warn the prospective target about the threat from a patient. [read post]
20 Mar 2019, 3:53 am
According to Peter Hayes at Bloomberg Law, the court ruled that “[m]anufacturers have a duty to warn when their product requires incorporation of a part such as asbestos that the manufacturer knows is likely to make the integrated product dangerous for its intended use. [read post]
4 May 2011, 7:52 am
This is because payors have access to data showing patterns of abuse and misuse and may have the duty to warn injured workers and prescribers in cases involving potential misuse.9 Workers compensation payors not taking proactive measures to monitor utilization or communicate with physicians could face lawsuits for negligence. [read post]
6 Dec 2011, 1:59 pm
The court, however, was inclined to give the plaintiff a chance to amend her complaint to state a claim more like Hughes (a state law duty to warn based on the manufacturer’s alleged breach of applicable [read post]
2 Jan 2019, 7:07 am
Merck argues that the FDA prohibits it from adding the warning that patients allege tort law requires, making compliance with both federal regulation and state tort duties impossible. [read post]
2 Oct 2012, 3:48 am
Likewise, it is alleged that the manufacturers of Mirena had a duty to warn consumers and the medical community of the dangers associated with Mirena and by negligently and/or wantonly failing to adequately warn of these dangers breached their duty of care owed to plaintiffs. [read post]
8 Jan 2019, 6:32 am
” An important and often-used litigation defense for manufacturers, impossibility pre-emption doctrine shields manufacturers from state liability when it would be impossible for them to comply both with FDA regulations and with state-law duties to warn. [read post]
18 Dec 2019, 8:42 am
The two cases raise in differing factual and legal scenarios, but it’s worth contrasting the court’s reluctance here to endorse a rule requiring publishers to publish certain content in order to comply with the law, to the Ninth Circuit’s willingness in the Model Mayhem case to adopt such a rule in requiring a duty to warn. [read post]
3 Aug 2020, 6:56 am
J. 39, 49 (1984) (observing that Beshada “blundered from their own jurisprudential quagmire into [the] swamp [of epistemology]”); Comment, “Requiring Omniscience: The Duty to Warn of Scientifically Undiscoverable Product Defects,” 71 Geo. [read post]
20 Aug 2012, 11:07 am
Similarly, a manufacturer has no duty to warn a consumer of risks of a product which are ordinarily discoverable. [read post]
7 Apr 2021, 9:34 am
Myhra’s article The Pharmacist’s Duty to Warn in Texas is cited in the following article: Tanya E. [read post]
28 Jul 2008, 10:41 am
The claim was that GSK breached a duty to warn of an alleged increased suicide risk among Paxil patients. [read post]
16 Jul 2024, 9:00 am
Property owners owe a duty to warn licensees of known hazards that are not obvious. [read post]
23 Aug 2024, 12:30 pm
When plaintiffs have alleged that Monsanto failed to adequately warn them of this risk, Monsanto has argued that state duty-to-warn requirements were expressly preempted by federal law regulating the labels on its products. [read post]
8 Dec 2009, 3:09 am
On this point, tort law is clear: one has no duty to warn of a commonly known hazard. [read post]
12 May 2021, 9:15 am
Second, in Internet Brands, the court held that failure-to-warn claims aren’t covered by Section 230, but the defendants never had a duty to warn (same outcome in Beckman [read post]
25 Jan 2019, 9:57 am
This duty may be breached if dangerous conditions are permitted to exist. [read post]
9 Mar 2012, 10:54 am
Which raises the right question: why can’t Pradaxa warn patients that the dru [read post]
14 Jan 2022, 2:45 pm
While Garcetti permits a public employer to regulate employee speech that is part of the employee's job duties, we warned that a public employer cannot convert private speech into public speech "by creating excessively broad job descriptions. [read post]
3 Nov 2008, 10:47 pm
They have a legal duty to warn election officials of problems. [read post]
