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30 Dec 2013, 2:13 pm
This was established in Entores Ltd v Miles Far East Corporation [1955] EWCA Civ 3 and confirmed in Brinkibon Ltd v Stahag Stahl G.m.b.h. [1983] 2 AC 34 (both cases involving telexes). [read post]
2 Jun 2011, 12:46 pm by Bexis
The main count, of course, will be the learned intermediary rule itself, but we’ll also add, because we have the data available, whether the state has:  (1) applied the learned intermediary rule in medical device cases, and (2) applied the rule to protect pharmacists from direct-to-consumer warning claims.Here goes:There are, by our count, thirty-four states and the District of Columbia, in which the learned intermediary rule has been adopted either by the jurisdiction’s… [read post]
22 Feb 2023, 1:07 pm by Dennis Crouch
And it may help judges prevent (or call into question) misrepresentations about David v. [read post]