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Justice Elena Kagan appeared to agree that the case did not present a clean opportunity to decide whether design-defect suits are subject to different rules than ones concerning failures to warn.
They issued a scathing report on recent intelligence failures to warn against threats, to share information, to hire spies and train analysts, to place talented people overseas, and even to read its incoming mail.
It is the outpatient nature of Dr. Gooberman's practice, the absence of a supervising anesthesiologist with a medical degree and the lack of postoperative care, along with failures to warn patients of the dangers, that form the foundation of the state's case.
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It found the companies responsible for breach of implied warranty and failure to warn.
"There is no principled basis," he said, "for treating design defect claims any differently from failure to warn claims".
The court said that federal law pre-empted any recovery under state law for failure to warn of the defects.
This is impossible!" Soon after his callous remark, he fired a subordinate administrator — for failure to warn the people.
The improprieties range from the basic — a failure to warn borrowers that they were in default on their loans as required by law — to the arcane.
In this case, Ms. Bartlett is not arguing that there was a failure to warn but that the drug's design is defective.
The Japanese government's failure to warn citizens about radioactive danger put the entire city of Tokyo at health risk — and the rest of us as well.
Still, the risk of blindness was not unknown, and Dr. Menikoff called it "deeply troubling" that 23 institutions did not catch the failure to warn parents about it.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com