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Browse Failure to warn (Law) topic


1-105 out of 105 article(s)
Title Author Type Date Words
Limiting NIFLA. Lim, Andra Jan 1, 2020 30615
COA flips silent fraud ruling on home purchase. Franz, Thomas Apr 3, 2019 771
Supreme Court Finds Manufacturers' Duty to Warn Sailors Where Asbestos Added Later. Simpson, Andrew G. Mar 19, 2019 545
COA rules for daughter sued by mom after fall. Dryden, Lee Mar 19, 2019 800
Claimed misuse no bar to design defect claim. Mar 17, 2019 824
Cab company owed no duty to murdered taxi driver. Oct 9, 2018 754
The duty to protect others. Vieth, Peter Oct 8, 2018 1275
Dinner party case served back to COA. Dryden, Lee Aug 14, 2018 893
MSC considers duty after fall at dinner party. Dryden, Lee Mar 23, 2018 890
4th Circuit Court of Appeals: MDL bellwether trial was fair. Lightle, Rebecca M. Feb 16, 2018 1443
Overdosing on authority: negative side effects of the FDA's proposal for generic label changes may include increased costs and liabilities. Santoro, Cassandra L. Jan 1, 2016 11099
Judge tells Big Tobacco to pay. Brief article Jul 1, 2015 221
Too good to last? Will the FDA's proposed rule put an end to generic drug preemption under Mensing and Bartlett? Diab, Tony M. Jan 1, 2015 6799
May contain unvaccinated children: imposing a duty to warn in the context of nonmedical childhood vaccine exemptions. Makielski, Katherine Shaw Jun 22, 2014 12391
Nationwide flux: Mensing's impact on state tort claim pre-emption and generic pharmaceuticals. Perry, Debra M.; Merin, Sara F. Oct 1, 2012 3022
A legal guessing game: does U.S. common law require manufacturers and suppliers of consumer products to warn in languages other than English? Luck, David L.; Chumbley, Douglas J. Apr 1, 2012 5950
Pliva, Inc. v. Mensing: how generic-drug manufacturers avoided liability for "failure to warn" tort claims. Feeney, Gregory J. Mar 22, 2012 8374
Police overreaction to concealed carry goes viral. Krey, Patrick Sep 19, 2011 1009
FDA preemption of drug and device labeling: who should decide what goes on a drug label? Valoir, Tamsen; Ghosh, Shubha Mar 22, 2011 19955
The controversial contradiction between traditional precedent and recent failure to warn jurisprudence in New York. Kern, Dwight A.; Kostus, David S. Jan 1, 2011 11604
Chatter, clatter, and blinks: defective car alerts and the role of technological advances in design defect/failure to warn cases. McKell, James Forrest, Jr. Jul 15, 2010 5840
Take two of these and sue me in the morning: efficacy of the learned intermediary doctrine in prescription drug failure to warn cases. Friedman, Robert J. Jan 1, 2010 9075
The duty to warn against serious injury: can plaintiffs successfully challenge Illinois' tough standard? In Iseberg v Gross, the Supreme Court ruled that a defendant has no duty to warn a plaintiff against serious injury unless the two are in one of the "special relationships" described in the Restatement of Torts. The authors argue that the Restatement may offer a way for plaintiffs to argue for a more expansive duty. Pavalon, Eugene I.; Lee, Harry C. Oct 1, 2009 2738
The U.S. Supreme Court: no federal preemption of failure to warn tort actions against pharmaceutical manufacturers. Paul, Niall; Terek, Christina S. Jul 1, 2009 3438
Limiting manufacturers' duty to warn: the sophisticated user and purchaser doctrines. Sungaila, Mary-Christine; Mayer, Kevin C. Apr 1, 2009 7169
Burley v. Kytec Innovative Sports Equipment, Inc.: expert testimony in strict products liability cases in South Dakota. Dylla, Joseph M. Mar 22, 2009 18742
Marketing pharmaceutical products in the twenty-first century: an analysis of the continued viability of traditional principles of law in the age of direct-to-consumer advertising. Schwartz, Victor E.; Silverman, Cary; Hulka, Michael J.; Appel, Christopher E. Jan 1, 2009 22491
The road less traveled: West Virginia's rejection of the learned intermediary doctrine in the age of direct-to-consumer advertising. Fogt, Kyle T. Jan 1, 2009 12820
Supreme Court rules that FDA approval of the safety risks listed on a medication's label does not immunize manufacturers from state tort claims for a failure to warn of other dangers from ingesting the medication. Hafemeister, Thomas L. Jan 1, 2009 2131
In California, psychiatrist not liable following patient's unexpected attack on neighbor's family. Hafemeister, Thomas L. Jan 1, 2009 1355
Tort law. Leonardo, Thomas J. Dec 22, 2008 4635
The learned intermediary doctrine in Florida: courts wrestle with claimed exceptions to the doctrine in drug and device litigation. Camp, John A.; Pappas, Gary M. Dec 1, 2008 6252
Are artificial tans the new cigarette? How plaintiffs can use the lessons of tobacco litigation in bringing claims against the indoor tanning industry. Loh, Andrea Y. Nov 1, 2008 14081
Teen Paxil-related suicide case is not preempted, judge says. Heylman, Susan Nov 1, 2008 895
Discovering the cause of a drug's defect: drug manufacturers must follow good manufacturing practices when making their products. When a defective drug causes injury or death, documents showing how the drug was made are key to proving the defendant failed in its duty to consumers. Brooks, Eugene C., IV.; Farley, James; Shipley, James Everett, Jr. Nov 1, 2008 3328
Wyeth v. Levine sets up a showdown in the preemption corral. Porter, Rebecca Oct 1, 2008 1764
FDA advisory does not preempt failure-to-warn suit, Third Circuit rules. Heylman, Susan Oct 1, 2008 725
The Vioxx litigation: disincentivizing patient safety through misdirected tort rules. Wolsing, Jennifer Jul 1, 2008 12416
Hugs and drugs: research ethics, conflict of interest, and why the FDA's attempt to preempt pharma failure-to-warn claims is a dangerous prescription. Martin, Christina Marie Mar 22, 2008 16616
Massachusetts doctors liable to third parties for failure to warn patients. Pannell, Susan J. Mar 1, 2008 875
Company producing OxyContin and three executives plead guilty to federal charges of misbranding. Hafemeister, Thomas L. Jan 1, 2008 1084
FDA regulation of labels on medications preempts "failure-to-warn" lawsuits asserting that manufacturers of SSRIs failed to adequately warn of a risk of suicide purportedly associated with these medications. Hafemeister, Thomas L. Jan 1, 2008 1932
Effective communication of warnings in the workplace: avoiding injuries in working with industrial materials. Schwartz, Victor E.; Appel, Christopher E. Jan 1, 2008 19069
No duty to warn, Illinois high court holds: the court reaffirms the rule that Party A has no duty to warn Party B about a threat posed by Party C unless there's a special relationship between A and B. Gunnarsson, Helen W. Nov 1, 2007 1175
Supremes - the risk-utility test applies despite open, obvious dangers: in a victory for consumers, the Illinois Supreme Court upheld the use of the "risk-utility" test in a product liability suit based on an item with open and obvious dangers. Gunnarsson, Helen W. Apr 1, 2007 1069
The learned intermediary doctrine and pharmaceutical company liability. Kaufmann, Stephen R.; Johnson, Jason D. Apr 1, 2007 4979
Focus on facts to defeat preemption: while preemption is primarily a question of law, factual evidence about a federal agency's action or inaction can help plaintiffs defeat a motion to dismiss. Menzies, Karen Barth Mar 1, 2007 4388
Mislabeling the pharmacist who does more than just mislabel the prescription: pharmaceutical liability under Florida Law. Alvarez, Richard C. Jan 1, 2007 2503
Carbon monoxide deaths from propane heaters: carbon monoxide risks from camping heaters can turn a fun outing into a deadly ordeal. When tragedy strikes, plaintiff attorneys must ensure that manufacturers are held accountable. Stageberg, Mark Aug 1, 2006 4533
Learning the wrong lessons from "an American tragedy": a critique of the Berger-Twerski informed choice proposal. Bernstein, David E. Aug 1, 2006 10856
From the wrong end of the telescope: a response to professor David Bernstein. Berger, Margaret A.; Twerski, Aaron D. Aug 1, 2006 4682
Out-of-state Accutane claim reinstated in New Jersey. Ertel, Karen Jun 1, 2006 518
Dangers of birth control patch come to light. Burtka, Allison Torres May 1, 2006 1947
A second cholesterol drug poses hazards, may spawn suits. Ertel, Karen Mar 1, 2006 1169
The learned intermediary doctrine after FDA's drug watch and PhRMA's clinical study results database: shifting the focus of failure-to-warn claims. Scheve, Stephen E.; Costa, Andrew E. Jan 1, 2006 6349
Uncertainty and informed choice: unmasking Daubert. Berger, Margaret A.; Twerski, Aaron D. Nov 1, 2005 18904
Did nurses have duty to tell Pt. what happened? Nov 1, 2005 781
Doctors, drugs, and duties to warn: protections afforded medical device and drug manufacturers under the learned intermediary doctrine may be threatened. Graham, David P.; Vest, Jeremy C. Oct 1, 2005 3912
Girl's case highlights rare but severe reaction to Children's Motrin. Jablow, Valerie Mar 1, 2005 510
Michigan court rejects open-and-obvious defense for 'natural' oil. Sileo, Carmel Mar 1, 2005 714
A cure worse than the disease: recent FDA actions and newly disclosed research on the link between antidepressants and suicide - especially among young people - are strengthening plaintiffs' claims against drug makers. Menzies, Karen Barth Mar 1, 2005 4844
Liability for security system failure: your client's workplace appeared safe: it had a seemingly impenetrable security system, but it proved unreliable when an intruder bypassed it and injured your client. The law affords compensation. Bodiford, Raymond O. Dec 1, 2004 2681
Disclosure deadline passes as dispute over NHTSA data continues. Jablow, Valerie Dec 1, 2004 723
Will Florida subscribe to the component seller doctrine? "The Buck Stops Here" section 5 of the Restatement (Third) of Torts: products liability. Ward, Joseph J. Dec 1, 2004 5086
Changing times for the learned intermediary defense. Vickery, Andy Sep 1, 2004 2137
Le devoir du medecin de prevenir les membres de la famille d'un patient atteint d'une maladie genetique. Letendre, Martin Aug 1, 2004 17911
Failure to warn victim of mental pt.'s death threat. Tammelleo, A. David Aug 1, 2004 863
Welding rod litigation heats up; workers claim toxic fumes cause illness. Hellwege, Jean Jul 1, 2004 1766
Popcorn flavoring damaged worker's lungs, jury finds. Porter, Rebecca Jun 1, 2004 704
Immune-system injuries prompt suits over arthritis drugs. Jurand, Sara Hoffman Apr 1, 2004 1502
Doctor's duty to warn extends to patients, not third parties. Sileo, Carmel Jan 1, 2004 601
Suits blast sand suppliers for failing to warn of silica hazard. Jurand, Sara Hoffman Dec 1, 2003 1666
Rebutting the implied-preemption defense: in products suits, drug companies are seeking immunity under theories of implied preemption. Their arguments are flawed. Zieve, Allison M. Nov 1, 2003 4186
New data show Paxil may increase suicide risk in children. Jurand, Sara Hoffman Oct 1, 2003 570
Tobacco class action goes up in smoke; individual and government cases proceed. Tischler, Eric Aug 1, 2003 1640
Drug advertising and accountability. Jowers, Gerald D., Jr. Jul 1, 2003 3683
An informed-choice duty to instruct? Liriano, Burke, and the practical limits of subtle jurisprudence. Knaier, Robert G. Case Note Mar 1, 2003 19196
Ensuring safety after the sale: manufacturers of dangerous products may have a duty to warn consumers even when a product's hazards are not known until after it hits the market. McCallister, Gary D. Nov 1, 2002 2000
Florida requires disclosure of insured clients' rights. Scarlett, Thomas Jul 1, 2002 528
Avoiding the `misuse' defense in products cases: manufacturers often cite product `misuse' to blame consumers for their injuries. Plaintiff attorneys can thwart this effort to avoid liability by using careful discovery and creative pleading. Dell'Osso, Daniel Feb 1, 2002 2357
Emerging DTC advertising of prescription drugs and the learned intermediary doctrine: even in the absence of a true physician-patient relationship, drug manufacturers can protect themselves by warning consumers directly. Matter, Monica Renee Jan 1, 2002 5539
CPSC fines infant-product manufacturers for failure to report hazards. Reichert, Jennifer L. Jun 1, 2001 818
Trade association liable for negligent standards, Washington court rules. Reichert, Jennifer L. Nov 1, 2000 369
Machine guard removal cases. Scrudato, Paul A. Nov 1, 2000 4963
Georgia jury favors patient confidentiality, not duty to warn. Reichert, Jennifer L. Mar 1, 2000 591
Texas psychiatrist dodges Tarasoff bullet. Jan 1, 2000 1348
N.J. court finds exception to learned intermediary doctrine. Brienza, Julie Nov 1, 1999 596
Courts rule warnings are not acceptable alternative to safe design. Griffin, Heidi Brief Article Jan 1, 1999 533
Pharmaceutical manufacturer's duty to warn of adverse drug interactions. McCormick, Richard Jan 1, 1999 6582
Wife had duty to warn of husband's propensity for child sexual abuse. Mollenauer, Christine Brief Article Dec 1, 1998 402
Learned intermediary doctrine faces challenges. Apr 1, 1998 6126
Full disclosure: why strict liability is the only acceptable standard for failure to warn of pharmaceutical risks. Toepfer, David S. Jul 1, 1997 2982
An imminent, unidentifiable victim: does HIV require a duty to warn? Hollins, Janet Apr 1, 1997 7510
Pharmacists fail test of patient protection. Dilworth, Donald C. Brief Article Nov 1, 1996 422
Rock-a-bye, baby: litigating the defective crib design case. Viles, Marcus W. Aug 1, 1996 1806
CPSC cracks down on reporting requirement. Brief Article Mar 1, 1996 260
Malathion makers have no duty to warn. Brief Article Nov 1, 1995 197
How to fight FIFRA preemption. Hoffman, Martin J. Jul 1, 1995 5100
Malathion exposure suit goes to state high court. Brienza, Julie Brief Article Oct 1, 1994 383
Danger lurks in shallow water; the hidden risks of diving. Closen, Michael L. Jun 1, 1994 3159
Renewed look at the duty to warn and affirmative defenses. Richmond, Douglas R. Apr 1, 1994 9464
No duty to disclose omitted facts in financial forecast. Brief Article Apr 1, 1992 315
Duty to disclose material facts in private placement memorandum. Brief Article Apr 1, 1992 373
AIDS infection must be reported. Jan 1, 1989 454
A psychotherapist's criminal liability for failing to inform on patients. Spaulding, Willis J. Jan 1, 1984 4861

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