Search for: ""duty to warn""
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20 Aug 2008, 1:41 pm
Plaintiffs argued that this meant the defendants could have complied with both the federal regulations and the state duty to warn, and thus no conflict existed. [read post]
20 Aug 2008, 10:24 am
“The FDA has promulgated no regulation concerning the risk posed by mercury in fish or warnings for that risk, has adopted no rule precluding states from imposing a duty to warn, and has taken no action establishing mercury warnings as misbranding under federal law or as contrary to federal law in any other respect,” wrote Judge Walter K. [read post]
11 Aug 2008, 7:25 pm
On appeal, the Appellate Division, Third Department, found there were a number of unresolved questions which needed to be addressed at a formal hearing or trial, including whether "the hazard of sunburn presented by [Tanning Bed's] use of more intense tanning bulbs was open and obvious," in which case Tanning Bed would have had no duty to warn Oliver. [read post]
7 Aug 2008, 12:56 am
It is unclear how that translates into a duty to warn her of anything. [read post]
31 Jul 2008, 5:30 pm
[D]ates are vitally important with respect to the duty to warn. [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]
18 Jul 2008, 8:33 pm
She contends that GSK breached its duty to warn of an increased suicide risk in adults taking Paxil. [read post]
18 Jul 2008, 7:00 am
Requiring such notification under these circumstances would create a vast obligation dramatically exceeding any approach to failure to warn recognized either in this state or in other jurisdictions.... [read post]
18 Jul 2008, 7:00 am
Requiring such notification under these circumstances would create a vast obligation dramatically exceeding any approach to failure to warn recognized either in this state or in other jurisdictions.... [read post]
17 Jul 2008, 7:27 pm
That is, plaintiffs would claim that the label as approved was OK, but that the defendant had not lived up to its obligations thereafter, and that for that reason the label should have been changed.Well, that kind of claim sounded a lot like a post-sale duty to warn or failure to recall claim to us. [read post]
11 Jul 2008, 3:50 pm
In the opinion of this writer, family lawyers have a "special relationship" with their clients that creates a common law duty to warn a reasonably identifiable third party" when the lawyer's client communicates a threat of harm toward a reasonably identifiable third party, notwithstanding a recent decision by the Michigan Court of Appeals. [read post]
10 Jul 2008, 5:50 pm
As seasoned aviation, negligence and products liability attorneys, they are familiar with cases involving duties to warn, and breaches of express and implied warranties in the aviation field. [read post]
26 Jun 2008, 6:31 pm
That's because a lot of states don't recognize claims for post-sale duty to warn. [read post]
13 Jun 2008, 5:55 pm
Moritz (No. 0871), the Court reaffirmed that a landowner owes an independent contractor’s employees no duty to warn of obvious hazards they already know about, rejecting the plaintiff's argument that his knowledge of the hazard was simply a factor for the jury to consider in assessing comparative negligence. [read post]
13 Jun 2008, 4:43 pm
By a 5-3 vote (Justice O’Neill did not sit), the Court held that the landowner had no duty to warn that employee of the danger from not having handrails on a ramp. [read post]
2 Jun 2008, 7:44 pm
Generally, under California law a manufacturer has a duty to warn users of its products about the potential risks or harm caused by the use of the product. [read post]
16 May 2008, 9:31 am
If a “special defect” is found, the landowner owes the same heightened duty (to warn and to use reasonable steps to reduce the risk) that it would owe to any invitee. [read post]
16 May 2008, 9:31 am
If a “special defect” is found, the landowner owes the same heightened duty (to warn and to use reasonable steps to reduce the risk) that it would owe to any invitee. [read post]
9 May 2008, 11:30 am
(“Recognizing that directors of an insolvent corporation owe direct fiduciary duties to creditors, would create uncertainty for directors who have a fiduciary duty to exercise their business judgment in the best interest of the insolvent corporation. [read post]
25 Apr 2008, 10:00 am
The doctrine has been described "as imposing no duty to warn if the user knows or should know of the potential danger, especially when the user is a professional who should be aware of the characteristics of the product. [read post]
