Search for: "In re Adoption of S.D.W." Results 1 - 20 of 23
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24 Feb 2011, 1:49 pm by Bexis
  The court joined the majority of jurisdictions – basing its decision on the necessary implication of the learned intermediary rule (already adopted in Arkansas) that, if drug manufacturers only had to warn physicians, certainly the obligations on pharmacies could be no broader:We believe, however, that the better approach is that adopted by the majority of jurisdictions that there is no general duty to warn imposed on pharmacists. [read post]
11 Feb 2010, 11:22 am by Beck, et al.
Granted, Conte adopted a screwball pro-plaintiff theory of liability. [read post]
21 Feb 2014, 8:53 am
Supp. 1024, 1033 (D.N.J. 1988).The Kansas Supreme Court later expressly adopted the Spychala holding as part and parcel of the learned intermediary rule:[W]e adopt the ruling of Spychala and other similar cases. [read post]
29 Dec 2010, 12:54 pm by Bexis
  That’s a given in federal court, but it’s gratifying to have state high courts adopt the same principle. [read post]
9 Apr 2015, 5:00 am
Bard, Inc., 2015 WL 502010, at *4 (S.D.W. [read post]
19 Feb 2016, 11:57 am
  Corporation with no in-state assets, employees, or registered agent, cannot be at home.In re Roman Catholic Diocese of Albany, New York, Inc., 745 F.3d 30 (2d Cir. [read post]
24 Dec 2015, 8:20 am
  The learned intermediary rule (or “doctrine,” as preferred by some of us) is one of the most universally adopted tort principles there is. [read post]
5 Apr 2013, 1:01 pm by Bexis
  There’s also a “best evidence rule” argument, but we’re not quarrelling with that. [read post]
6 Mar 2014, 12:41 pm
  Accord In re Fosamax Alendronate Sodium Products Liability Litigation, 2013 WL 1558697, at *7-8 (D.N.J. [read post]
31 Dec 2014, 5:00 am
  The court predicted that none of the 22 states (for some reason there’s not an appendix discussion of Louisiana) would adopt innovator liability. [read post]