Prescription for liability; some courts say pharmacists have a duty to warn patients of drug hazards
Article Abstract:
The learned intermediary doctrine used to shield pharmacists from liability, and most states still do not hold them liable for failure to warn of possible drug hazards, but the Omnibus Budget Reconciliation Act of 1990 helped establish liability by requiring pharmacists to offer to counsel Medicaid patients about the safety and proper use of their prescription drugs.Although most failure to warn suits against pharmacists are dismissed, a 1994 Arizona case, Lasley v. Shrakes Country Club Pharmacy Inc. found this duty to exist.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1999
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Fame no bar to press coverage; civil courts must remain open unless 'overriding interest' supports closure
Article Abstract:
The article discusses the California Supreme Court ruling in NBC Subsidiary, Inc. v. Superior Court, ruling in favor of the public's right to attend a civil trial. The US Supreme Court has repeatedly upheld the public's right to attend criminal trials, but has not extended this right to civil cases. The California ruling cited decisions by various federal courts finding a constitutional right of access to civil trials.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1999
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Revolt of the worker bees; 'permatemps' sue employers over benefits, stock options
Article Abstract:
The article discusses the employee misclassification suits by long-term temporary employees and independent contractors for the employee benefits enjoyed by permanentemployees. The best-known case is Vizcaino v. Microsoft Corp., in which the 9th US Circuit Court of Appeals ruled that Microsoft's temporary employees from a third-party staffing agency could also be Microsoft employees.
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1999
User Contributions:
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- Abstracts: A warning on a product may not bar liability, two courts hold in decisions citing the new Restatement. Guilt by association(s)? Injured plaintiffs sue groups that promote faulty products and standards
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