Search for: ""duty to warn""
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11 Nov 2008, 1:19 am
The Court also concluded that a jury could find that the defendants knew or reasonably should have know of this hazard, and would therefore have a duty to warn of it. [read post]
10 Nov 2008, 12:00 pm
However, tire manufacturers also have a duty to warn customers of these instances. [read post]
3 Nov 2008, 10:47 pm
They have a legal duty to warn election officials of problems. [read post]
3 Nov 2008, 6:54 pm
Frederick switched his core theories at several points, and went off on tangents regarding misbranding and Wyeth's failure in its duty to warn. 5-4, for Wyeth, is my prediction. [read post]
30 Oct 2008, 4:38 pm
Levine sued the manufacturer, Wyeth, contending the company suppressed key information and neglected its duty to warn consumers that such injections could have horrific side effects. [read post]
8 Oct 2008, 11:50 am
This, that, and the other thing.Potpourri.Odds and sods.Whatever. [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]
30 Sep 2008, 5:43 pm
We affirm. * * * "In balancing the three factors set out above, we conclude that Rosales's direct customer-client relationship with Guaranteed, the foreseeability that his car could catch fire if the fuel rail malfunctioned, and the foregoing public policy considerations all mitigate in favor of the imposition on Guaranteed of a duty to warn, a duty which the trial court found that Guaranteed failed to discharge. [read post]
26 Sep 2008, 12:00 pm
But the duty to warn is not necessary where the invitee has actual knowledge of such dangerous condition. [read post]
26 Sep 2008, 10:19 am
If she had not been adequately warned about the dangers that allegedly were associated with the specified medications, that would supposedly impact a duty owed to Mr. [read post]
19 Sep 2008, 4:21 pm
Levine, No. 06-1249, in which it continues to insist that it could not comply with both federal prescription drug regulations and any state-based common law duties to warn. [read post]
15 Sep 2008, 9:06 am
Some have argued that granite manufacturers have a duty to warn of possible radioactive exposure and face lawsuits if they don't do so.Georgia residents considering a kitchen remodel might want to keep this under consideration not only for health risks but property resale value. [read post]
11 Sep 2008, 8:12 pm
They relied on the learned intermediary rule to hold that, because the defendant drug company had no duty to warn the patient directly, there obviously could be no broader duty to warn the public at large. [read post]
4 Sep 2008, 11:49 am
As defense lawyers, our first duty is to our clients.But blogging about Knipe is doubly difficult because one of us had some prior involvement in Paxil litigation. [read post]
2 Sep 2008, 8:26 pm
The court found in this case no federal law with which the alleged state duty to warn conflicts. [read post]
25 Aug 2008, 12:42 pm
The second issue is whether the trial court erred in refusing to instruct the jury that Hobbs had no duty to warn Thomas of dangers of which Thomas was aware. [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]
22 Aug 2008, 1:21 pm
Nor does it take into account the substantive weaknesses of the current duty to warn law in most states, with the high risks of false positives on liability. [read post]
22 Aug 2008, 1:00 pm
Fellner's duty-to-warn claim does not conflict with an FDA determination deliberately to forego warnings because the FDA took no action to preclude state warnings - at least, no binding action via ordinary regulatory procedures, and no action whatsoever until after Tri-Union allegedly wrongfully failed to warn. [read post]
20 Aug 2008, 9:54 pm
She sued the drug manufacturer, Wyeth, contending that the drug company had a duty to warn consumers that injections, like the one she experienced, could have devastating consequences. [read post]
