Search for: ""duty to warn""
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10 Oct 2007, 4:46 pm
The Court said that while a property owner does have a duty to warn an independent contractor of concealed and hazardous conditions on its real property, a property owner does not have a duty to warn an independent contractor about the hazards of the contractor's own work. 2. [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]
28 Sep 2007, 7:38 am
Ron Miller reports on legislation signed this week that makes clear that regardless of FDA approval, the duty to warn remains with the pharmaceutical companies to adequately provide a meaningful warning about the risks associated with the use of their product. [read post]
28 Sep 2007, 7:01 am
” As a result, the court ruled, pharmaceutical manufacturers should be subject to the same duty to warn as other defendants in products liability cases. [read post]
27 Sep 2007, 7:22 pm
For years, pharmaceutical drug manufacturers have argued that the FDA approval of a drug preempts a duty to warn claim. [read post]
27 Sep 2007, 7:22 pm
For years, pharmaceutical drug manufacturers have argued that the FDA approval of a drug preempts a duty to warn claim. [read post]
20 Sep 2007, 1:09 pm
The general rule is that one owes no duty to control the conduct of another, nor to warn those endangered by such conduct. [read post]
19 Sep 2007, 1:09 am
” • “[A] manufacturer’s duty is to warn only of those dangers it knows of or [that] are reasonably foreseeable. [read post]
7 Sep 2007, 11:58 pm
District court dismissed the case against U-Haul Center finding no duty to warn and dismissed against U-Haul parent company finding no personal jurisdiction. [read post]
4 Sep 2007, 1:39 pm
Crown Equipment Corp, Nos. 06-2705, 06-2706, concludes that the issue of whether "Maine law would recognize a post-sale duty to warn claim where a manufacturer's product is not defective at the time of sale but a hazard later develops because of a change in the user environment" and thus tells the District Court to certify the issue. [read post]
4 Sep 2007, 8:21 am
Thus, it had no duty to warn against such an injury. [read post]
31 Aug 2007, 11:19 am
The RIAA has filed a motion to dismiss the defendants' two (2) counterclaims, one for copyright misuse, the other for breach of duty to warn, in Elektra v. [read post]
15 Aug 2007, 7:24 am
” In light of the fact that the manufacturers are so skilled at and are marketing their products directly to the consumers, the court opined that manufacturers should also have the burden of warning those same consumers: "under West Virginia products liability law, manufacturers of prescription drugs are subject to the same duty to warn consumers about the risks of their products as other manufacturers. [read post]
7 Aug 2007, 7:45 am
But lawyers for the widow are confident and claim that the mental hospital had a duty to warn law enforcement officers and other first responders about the mental status of the shooter. [read post]
31 Jul 2007, 4:10 am
Santangelo has now filed her answer, counterclaiming for copyright misuse and breach of duty to warn.Answer and Counterclaims of Michelle Santangelo** Document published online at Internet Law & RegulationCommentary & discussion:p2pnet.net Slashdot It! [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]
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]
3 Jul 2007, 6:25 am
The injured shopper claimed that the grocery store chain had a duty to warn its patrons of the risks associated with the presence of a full-time, blind employee who frequently walked the aisles of the store. [read post]
1 Jul 2007, 4:39 pm
The learned intermediary doctrine provides, in general, that manufacturers of prescription drugs fulfill their duty to warn by warning prescribing physicians of the risks associated with a product. [read post]
1 Jul 2007, 10:30 am
The case was decided by a three to two vote, with four opinions.The learned intermediary doctrine provides, in general, that manufacturers of prescription drugs fulfill their duty to warn by warning prescribing physicians of the risks associated with a product. [read post]
