A decision from the U.S. Supreme Court that a seminal Sixth Amendment rights case is not retroactive has provided clarity for attorneys while dashing the hopes of thousands of defendants.

Tagged with: deportation duty to warn immigration ineffective assistance of counsel Padilla v. Kentucky U.S. Supreme Court

The U.S. Supreme Court’s ruling in Padilla v. Kentucky requiring defense attorneys to inform non-citizen clients of the deportation risks of guilty pleas does not apply retroactively to cases already final on direct review, the Court has ruled.

Tagged with: deportation duty to warn immigration ineffective assistance of counsel Padilla v. Kentucky U.S. Supreme Court

Mass tort litigators are abuzz over a recent Washington state court ruling that some say expands manufacturers’ duty to warn about potential hazards associated with their products, even when those hazards are not caused by the products themselves.

Tagged with: asbestos Circuit Breaker duty to warn mesothelioma product liability

An airplane manufacturer’s duty to warn did not encompass ensuring pilot training for those individuals who purchased its products, the Minnesota Supreme Court has ruled. The decision affirms a ruling by a state appellate court. (See “Aircraft maker doesn’t have ...

Tagged with: duty to warn product liability

A high school principal is protected by sovereign immunity from a negligence claim for his alleged failure to warn a student that another student planned to fight him on school grounds, but he can be sued for gross negligence, the ...

Tagged with: duty to warn negligence sovereign immunity

An aircraft manufacturer’s duty to warn did not encompass an obligation to provide pilot training, the Minnesota Court of Appeals has ruled in reversing a $19.4 million verdict.

Tagged with: aircraft maker airplane crash duty to warn product liability

A pharmacy isn’t liable for negligently filling dangerous prescriptions for a customer who died after taking a lethal combination of drugs, the Arkansas Supreme Court has ruled in affirming a summary judgment.

Tagged with: duty to warn negligence pharmacy liability wrongful death

A manufacturer has no duty to warn of the danger of another manufacturer’s product used in conjunction with its own product, the California Court of Appeal has ruled.

Tagged with: asbestos duty to warn