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Browse Failure to warn (Law) topic

Laws, regulations and rules subtopic


1-69 out of 69 article(s)
Title Author Type Date Words
Warning: Additional Warnings May Be Required. Zeigler, Jessie; Miller, Sarah; Seraphim, Olivia Apr 1, 2020 3301
Limiting NIFLA. Lim, Andra Jan 1, 2020 30615
COA flips silent fraud ruling on home purchase. Franz, Thomas Apr 3, 2019 771
COA rules for daughter sued by mom after fall. Dryden, Lee Mar 19, 2019 800
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
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
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
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
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
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
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
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
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
Wyeth v. Levine sets up a showdown in the preemption corral. Porter, Rebecca Oct 1, 2008 1764
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
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
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
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
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
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
Welding rod litigation heats up; workers claim toxic fumes cause illness. Hellwege, Jean Jul 1, 2004 1766
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
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
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
Texas psychiatrist dodges Tarasoff bullet. Jan 1, 2000 1348
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
Learned intermediary doctrine faces challenges. Apr 1, 1998 6126
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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