Search for: ""duty to warn""
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9 Jul 2009, 4:54 am
The rule has grown from adequacy of warnings to whether an allegedly defective warning had any causal effect. [read post]
2 Jan 2010, 7:06 am
June 17, 2009), the Supreme Court declined an opportunity to settle the important issue of whether negligence concepts should be introduced into the strict liability doctrine currently employed under Pennsylvania law.In this asbestos case, the defense wished to introduce concepts of foreseeability into the issue of whether it violated any duty to warn given that it was not allegedly foreseeable, at the time, that the plaintiff could be injured as a result of the defendant's… [read post]
22 Dec 2010, 12:39 pm
It’s not quite as bad as Wimbush because at least Mason involved a warning claim. [read post]
7 Jun 2023, 6:56 am
Whereas the duty to warn requires only a “self-produced warning,” Plaintiffs argue for an expansion of the duty to include editing and/or removal of user-generated content. [read post]
10 Jun 2017, 9:32 am
How on this evidence, can a manufacturer be held liable for not warning of a causal connection? [read post]
1 Feb 2011, 6:06 pm
Jan Hughes can proceed with her claim that Boston Scientific Corp. failed to properly warn her about the Hydro ThermAblator's burn risks, the 5th U.S. [read post]
25 Sep 2015, 8:21 am
” Cases Involving Injured or Killed Employees Duties an employer owes to an employee: The duty to provide a reasonably safe work place, duty to train, duty to supervise, duty to exercise reasonable care in hiring, duty to establish safety rules, duty to furnish safe instrumentalities, duty to provide adequate help to employees, duty to warn employees about non-obvious hazards. [read post]
30 Aug 2022, 7:10 pm
The Defendants breached this duty. [read post]
18 Feb 2025, 11:34 am
” The Internet Brands/failure-to-warn workaround fails because, in that case, “plaintiff’s failure-to-warn claim was not based on the defendant’s failure to remove any user content or on the defendant’s publishing or monitoring of third-party content….Here, by contrast, Doe does not allege that Grindr had independent knowledge of a conspiracy, and Grindr’s role as a publisher of third-party content does not give it a duty to… [read post]
25 Aug 2011, 7:01 am
Plaintiff has also failed to plead facts showing that Defendants did not properly discharge their duty by warning Decedents physician through the Package Insert or otherwise. [read post]
30 Apr 2018, 9:24 am
Internet Brands, which “is best read as holding that the CDA does not immunize an ICS from a failure to warn claim when the alleged duty to warn arises from something other than user-generated content…. the proposed warning in this case would be about user-generated content itself – the impersonating profiles or the risk that Grindr could be used to post impersonating or false profiles. [read post]
19 Jul 2007, 1:47 pm
Generally, in a situation where there are a number of competing prescription medical products all serving more or less the same need, courts have held that there's no duty to warn about the attributes of competing products. [read post]
16 Jun 2022, 10:04 am
Court of Appeals for the 9th Circuit rejected Monsanto’s argument that it could not have violated California’s duty to warn because the Environmental Protection Agency had concluded under the labeling provisions of the Federal Insecticide, Fungicide and Rodenticide Act that the herbicide did not pose “any unreasonable risk to man or the environment. [read post]
7 Apr 2011, 1:16 pm
Indeed the cases uniformly refuse to impose such a duty. [read post]
29 Dec 2011, 6:53 am
After Bruesewitz, there shouldn’t be much left of common-law vaccine litigation, with both warning (assuming the vaccine carries FDA-approved warnings – not a hard thing to do) and design claims preempted. [read post]
28 Oct 2011, 7:00 am
After all, there’s a causation element to every warning claim – the defect (whatever’s allegedly wrong with the warning) has to cause the injury. [read post]
6 Jul 2007, 4:29 am
The physician acts as an "informed intermediary" between the manufacturer and the patient; and, thus, the manufacturer's duty to caution against a drug's side effects is fulfilled by giving adequate warning through the prescribing physician, not directly to the patient.Martin v. [read post]
29 Mar 2013, 2:00 pm
Under Section 2 of the Restatement (Third) of Torts, recognized product defects that may subject a defendant to liability include manufacturing defects, design defects, and failure to warn defects. [read post]
5 Jul 2013, 5:00 am
L.D. 2008) (“compliance with FDA regulations provides compelling evidence that the manufacturer satisfied its duty to warn the physician”), aff’d on opinion below, 28 A.3d 1245 (N.J. [read post]
19 Oct 2018, 10:47 am
For instance, there is no duty to warn of obvious risks.As to the common law, the courts some time ago abandoned the search for a universal touchstone by which to determine whether a duty of care exists. [read post]
