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29 Jun 2007, 1:46 pm
However, absent special circumstances not present in this case, if the manufacturer provides adequate warnings of the danger of the product and the seller passes these warnings along to the buyer or consumer, then the seller has discharged its duty to warn. [read post]
24 May 2007, 10:40 am
Thus deference principles have led courts not to impose warning duties upon suppliers of bulk drug components beyond the minimal ("for repackaging") warnings required by the FDA. [read post]
21 May 2007, 6:55 pm
This is clearly a case where the learned intermediary rule (an exception to the manufacturer's common law duty to warn consumers directly of reasonably foreseeable risks--provided they provide adequate warnings to the prescribing doctors) is going to play a significant role in any injuries or deaths that occur going forward in the wake of the FDA Safety Alert, and doctors who keep their patients on Avandia will probably be called to answer for that judgment call. [read post]
11 May 2007, 7:51 am
[MSNBC] * Lawsuit focuses on Planned Parenthood and duty to warn. [read post]
7 May 2007, 3:00 am
The motorist claimed that the owners of the private road owed him a duty to warn or protect him from the dangers of the railroad crossing. [read post]
28 Apr 2007, 8:28 pm
Having said it would not intervene in pre-election debates unless it felt that democracy was in danger, the LDH announced that, given Sarkozy's agenda, it considers that it is its "duty to warn the citizens". [read post]
26 Apr 2007, 10:33 am
However, to the extent that Indiana Bell learned of dangerous conditions on its poles, it had a duty to warn its invitees. [read post]
25 Apr 2007, 1:25 pm
To add insult to injury, the AD2 further determined that the manufacturer was under no duty to warn the officer of an "open and obvious danger" of which he was aware or should have been aware by "ordinary observation or as a matter of common sense. [read post]
17 Apr 2007, 11:02 am
Because the gravel was not a latent danger, Ivy Tech had no duty to warn Gilpin about it. [read post]
13 Mar 2007, 3:07 am
The motorist claimed that the owners of the private road owed him a duty to warn or protect him from the dangers of the railroad crossing. [read post]
12 Mar 2007, 2:22 pm
The Washington Court of Appeals has dramatically expanded the duty to warn in a pair of recently-decided asbestos cases. [read post]
1 Mar 2007, 5:50 am
"A patient's inability to assess and weigh the potential risks inherent in these products is precisely the reason that they are dispensed only by prescription, and that prescription medical product manufacturers have a duty to warn learned intermediaries, not the public or the patient. [read post]
15 Feb 2007, 12:25 am
Almost all of the cases we handle are governed by the learned intermediary rule, meaning that there's no duty to warn a patient directly, and all warnings about prescription medical products are directed to the prescribers. [read post]
12 Feb 2007, 8:34 pm
The plaintiffs' bar won two decisions in Washington state on whether equipment makers must warn about asbestos containing components used with their equipment or on their equipment even if they did not make the asbestos containing components.BRAATEN v. [read post]
9 Feb 2007, 2:58 pm
Skiles, the Texas Supreme Court issued this per curiam opinion regarding whether an employer owed its truck driver a duty to warn of a danger. [read post]
9 Feb 2007, 7:53 am
Elwood means that an employer has no duty to warn an employee about an obviously dangerous condition (we blogged on the Kroger case back in May). [read post]
1 Feb 2007, 6:07 am
Rather, "[t]he duty to test is a subpart of duties to design a product non-negligently, manufacture a product non-negligently, and provide adequate warnings. [read post]
31 Jan 2007, 9:03 pm
.: court rules mfr. had duty to warn about asbestos in other companies' products, though its own product contained none [Ted at Point of Law] Lawyering up for expected business-bashing oversight hearings on Capitol Hill [Plumer, The New Republic] "King of vexatious litigants" in Ontario restrained after 73 filings in 10 years, though he says he did quite well at winning the actions [Globe and Mail, Giacalone's self-help law blog] Sen. [read post]
26 Jan 2007, 6:52 am
In the case of the brand name company, since its product was not the one ingested, it had no affirmative duty to warn, and so it is being sued for its intentional or negligent misrepresentation in what it actually said in the PDR. [read post]
23 Jan 2007, 4:02 pm
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 License. [read post]
