Search for: ""duty to warn""
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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]
8 Mar 2010, 8:53 am
And if the pharmacy didn't know, it had no duty to warn. [read post]
4 Jun 2011, 10:00 pm
Cruise lines have a legal duty to warn their passengers of dangers in the ports of call which they select. [read post]
3 Mar 2009, 11:16 pm
Good.Looking at congressional intent, the majority found no intent to preempt state-law duty to warn cases. [read post]
21 Dec 2010, 6:00 am
Va. 463, 647 S.E.2d 899 (duty of drug manufacturers to warn in context of product liability cases). [read post]
10 Nov 2021, 8:42 am
Duty to Warn If we take the aforementioned example and alter it a little bit, we can see a situation where the homeowner did not act negligently. [read post]
11 Apr 2012, 4:53 pm
It is well settled that a landowner is under no duty to warn of a dangerous condition that is open and obvious. [read post]
28 Jan 2015, 9:45 am
First, in granting the motion for judgment, the trial court noted that an owner had no duty to warn an invitee of an open and obvious danger. [read post]
18 Nov 2016, 7:18 am
But the core allegation in these lawsuits is that Nexium’s manufacturer had a duty to warn the plaintiff and her doctors of the risks to let them make an informed choice. [read post]
30 Sep 2007, 2:18 pm
A representative not only has a duty to refrain from making unsuitable recommendations, he has a duty to warn against unsuitable investments. [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]
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]
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]
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]
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]
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]
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]
10 Nov 2015, 12:00 pm
This is the marriage between the FDA’s labeling standards and its safety obligations and the legal standard that a manufacturer has a duty to warn only of those risks of which it knew or reasonably should have known. [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]
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]
