Search for: ""duty to warn""
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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]
17 Oct 2013, 5:00 am
Thus, even assuming arguendo that [defendant] had a duty to strengthen the . [read post]
18 Jul 2014, 11:55 am
But since both of the family cars had identical government-mandated (allegedly) inadequate warnings about not putting an infant car seat next to an airbag, who gets sued, Minigas – even though it’s car had nothing to do with the accident.Farfetched? [read post]
15 Dec 2014, 6:28 am
In other words, although a defendant generally does not have a duty `to warn or protect others from harm caused by a third party's conduct,’ H.B. ex rel. [read post]
5 Apr 2013, 1:01 pm
Jan. 11, 2012) (rejecting duty to test under NC law) − and actually beyond anything recognized in Minnesota, where testing is not an independent claim, but merely an element of a strict liability (which North Carolina bans by statute) duty to warn. [read post]
24 Dec 2014, 5:00 am
We’re doing our duty. [read post]
4 Jun 2015, 5:56 am
”Second, “the claims in Buckman, which were directed at a defendant that was not the manufacturer of the devices and therefore did not have a manufacturer’s duty to warn purchasers of safety risks, did not “rely[] on traditional state tort law. [read post]
12 Sep 2014, 1:41 pm
Then, the analysis should go on to whether the defendant can comply with the state law duty while simultaneously complying with its federal duties. [read post]
30 Jul 2013, 2:01 pm
Ct. at 2477.Equally surprising is the Superior Court’s footnote reaching out (a la Lance with post-sale duty to warn) with dictum on an issue not even before it – “It is undisputed that FDA approval of a name-brand drug . [read post]
20 Jun 2014, 5:18 am
(4/7/11) and (7/18/13)Punitive Damages – Compliance as a defense (3/8/07) and (11/5/09)Punitive Damages – No constitutional right to obtain (4/30/12)Punitive Damages – Territoriality (12/29/06)Punitive Damages – Warnings as a defense (2/24/12)Recalls – Duty to recall, subsequent remedial measures and other recall-related issues (9/24 [read post]
13 Jan 2024, 2:03 pm
Pix Credit here South Africa's Justice Minister, Ronald Lamola, said Israel “dismally failed to disprove” it has violated the 1948 Genocide Convention during its carpet bombing campaign of the Gaza Strip. [read post]
2 Jun 2011, 12:46 pm
Merrell Co., 174 So.2d 736, 738-39 (Fla. 1965), the Florida Supreme Court exempted pharmacists from duty to warn liability, but without specifically mentioning the rule. [read post]
25 Apr 2018, 11:23 am
Thus, Armslist “is designed to enable buyers to evade state waiting period and other legal requirements” Armslist allowed users to flag problematic content but “expressly prevented users from flagging content as purportedly criminal or illegal” Armslist warned users not to engage in illegal activity but didn’t provide “guidance on specific laws governing firearm sales or the care that should be used in conducting such sales” [LAW GOVERNING LAWYERS… [read post]
10 Oct 2011, 4:00 am
The plaintiff argued that "at no time did Breg fulfill its duty to warn physicians. [read post]
12 Jan 2012, 11:31 am
On January 11, 2012, a unanimous Supreme Court issued its decision in Pacific Operators OffShore v. [read post]
15 Nov 2022, 9:51 am
Consequently, one of the affected users has filed a lawsuit against L’Oréal on the grounds of duty to warn violation. [read post]
26 Oct 2007, 11:35 am
You still didn't warn about the risk of stroke. [read post]
16 Aug 2011, 10:45 pm
And as to the duty owed, a landowner has no duty to warn or protect trespassers from obvious defects or conditions. [read post]
15 Nov 2022, 9:51 am
Consequently, one of the affected users has filed a lawsuit against L’Oréal on the grounds of duty to warn violation. [read post]
7 Mar 2022, 9:04 am
Facebook violated that duty, Plaintiffs contend, by its failures to "implement any safeguards to prevent adults from contacting minors," "report suspicious messages," "warn[] of the dangers posed by sex traffickers," or "identify[] sex traffickers on its Platforms. [read post]
