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27 May 2018, 6:18 am by Jeff Schmitt
My article, Courts, Backlash, and Social Change: Learning from the History of Prigg v. [read post]
10 Jul 2008, 5:31 pm
Some people get the application of the learned intermediary rule mixed up with whether the defendant actually wins or not. [read post]
4 Jun 2008, 11:35 pm
 And the police just so happen to target people with criminal -- especially drug -- records for "random" suspicionless searches of their cabin.As Mark Laborde learned far too late. [read post]
28 May 2013, 12:58 pm by Thaddeus Hoffmeister
Last week, the California Appellate Court in a lengthy opinion (116 pages) overturned the murder conviction of Michael Pizarro (People v. [read post]
3 Jul 2011, 2:40 pm by Stephen Gillers
It just took that long to get the facts, even though everyone worked assiduously to learn as much about her as possible. 2. [read post]
2 Jun 2011, 12:46 pm by Bexis
  The same court had discussed the learned intermediary rule with approval, but avoided a direct ruling, in Hogan v. [read post]
19 Nov 2021, 12:35 pm by Leila Rafei
Learn more about the case:https://www.aclu.org/cases/bert-v-oconnor Stay informed about our workSign up [read post]
6 Jul 2007, 4:29 am
We don't know what this stuff means, and unless you're a doctor, chances are that you don't either.But we're pretty sure of one thing - that kind of jargon has very precise medical meaning to the people who do understand what's in these package inserts. [read post]
24 Feb 2011, 1:49 pm by Bexis
  Briefly, courts have adopted the learned intermediary rule because:Warnings go to physicians because they are the only people who know both a particular patient’s medical history as well as the risk/benefit profile of the drug/device being prescribed.Limiting warning duties to physicians makes the common law consistent with warning duties imposed by the FDA.Routing prescription drug/device information through the doctor preserves the physician/patient relationship from… [read post]
23 Aug 2022, 11:10 am by Fred Abrams
I say this because tax fraud cases show us the methods people use to conceal their assets. [read post]
19 Nov 2009, 1:36 am
As I mentioned a few days ago, I rented Scottsboro: An American Tragedy after studying Powell v. [read post]
8 May 2009, 11:36 am
What can we learn from today's opinions, heading into a warm and wonderful weekend? [read post]