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Appellate Courts › Duty to Warn

Harris Beach Murtha PLLC

New York Clarifies Limits on Medical Device Manufacturer’s Duty to Warn

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A manufacturer produces a medical device for physicians to use to administer a particular type of treatment to their patients. When does that manufacturer have a duty under New York state law to warn a physician of risks...more

Husch Blackwell LLP

Circuit Split: 3rd vs 9th & 11th Circuits on FIFRA Duty to Warn Claims

Husch Blackwell LLP on

The United States Court of Appeals for the Third Circuit, in Schaffner v. Monsanto, No. 22-3075 (3rd Cir. 2024), recently held that a state-law duty to warn claim was expressly preempted by the Federal Insecticide, Fungicide,...more

Pillsbury Winthrop Shaw Pittman LLP

California Appellate Court Upholds Monsanto’s Duty to Warn Based on Potential Risks

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A California Court of Appeal affirmed the lower court’s finding that Monsanto had the strict liability duty to warn of potential risks and side effects of its Roundup herbicides. It further affirmed that FIFRA does not...more

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