Search for: ""duty to warn""
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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]
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]
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]
30 Aug 2022, 7:10 pm
The Defendants breached this duty. [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]
22 Mar 2011, 3:51 pm
Thus, with a custody finding goes the duty to warn about the right to remain silent, the right to have a lawyer, and so on, as Miranda specified. [read post]
20 Mar 2012, 7:25 pm
Did the defendants have a "continuing duty to warn" plaintiff regarding the dangers of DES, as those dangers became known, and that this duty delayed the running of the Statute of Limitations? [read post]
7 Apr 2011, 1:16 pm
Indeed the cases uniformly refuse to impose such a duty. [read post]
8 Oct 2008, 11:50 am
This, that, and the other thing.Potpourri.Odds and sods.Whatever. [read post]
8 Aug 2020, 4:23 am
The defendants moved to dismiss the claims under the sophisticated intermediary doctrine.[4] In its analysis, citing New York and general case law support, the Judge Weinstein acknowledged the general availability of the doctrine, noting that: “In certain circumstances, if the chain of distribution is such that the duty to warn ultimate users logically falls upon an intermediary in the chain, instead of the manufacturer, the “sophisticated intermediary” doctrine… [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]
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]
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]
27 Apr 2022, 11:21 am
Criminal defense attorney Robert J. [read post]
30 Nov 2020, 11:54 am
Examples of non-discretionary duties that courts will enforce include the Federal Records Act mandate that the National Archivist “shall request the Attorney General to initiate … an action” for redress of record destruction; a statute requiring “timber in an amount … not less than the annual sustained yield capacity … shall be sold annually”; or a regulatory “duty to warn. [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]
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]
9 Mar 2021, 7:36 am
When President Biden announced the nomination of Merrick Garland as the next attorney general, Biden criticized incendiary rhetoric against the press as contributing to the Jan. 6 assault on the U.S. [read post]
27 Jan 2011, 5:00 am
Where's the parallel tort duty? [read post]
2 Mar 2018, 11:26 am
Why do the makers of Invokana have to warn about something that already is a side effect of the disease? [read post]
