adequacy warning in Connecticut

14 Connecticut opinions name it 3 courts 1950–2016 0 in the last five years

The cases below were cited by Connecticut courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

Case	Followed	Cited
Fishbein v. Kozlowskigreen conn · 1999 · cited in 1 Connecticut opinions naming this issue, 2016–2016 2 sentences 2016See Fishbein v. Kozlowski, 252 Conn. 38 , 47, 743 A.2d 1110 (2000[1999] ) ; [see also] General Statutes § 14-227b (g). 2016See Fishbein v. Kozlowski, 252 Conn. 38 , 47, 743 A.2d 1110 (2000[1999] ) ; [see also] General Statutes § 14-227b (g).	1	1
12 Fair empl.prac.cas. 451, 11 Empl. Prac. Dec. P 10,741 John Senter, Cross-Appellee v. General Motors Corporation, Cross-Appellantgreen ca6 · 1976 · cited in 1 Connecticut opinions naming this issue, 2005–2005 1 sentence 2005Senter v. General Motors Corp., 532 F.2d 511, 525 [(6th Cir.), cert. denied, 429 U.S. 870 , 97 S. Ct. 182 , 50 L.	1	1
State v. Colemangreen connappct · 2004 · cited in 1 Connecticut opinions naming this issue, 2004–2004 2 sentences 2004See State v. Coleman, 83 Conn. App. 672 , 691 n.12, 851 A.2d 329 (2004). 11 The defendant has provided no authority for his assertion that, in addition to an instruction regarding the specific intent of the defendant, a conspiracy charge must also include an explicit instruction that the jury must find that the coconspirator possessed the intent to cause the death of the victim. 2004See State v. Coleman, 83 Conn. App. 672 , 691 n.12, 851 A.2d 329 (2004). 11 The defendant has provided no authority for his assertion that, in addition to an instruction regarding the specific intent of the defendant, a conspiracy charge must also include an explicit instruction that the jury must find that the coconspirator possessed the intent to cause the death of the victim.	1	1
United States v. Robert Anthony Lamiagreen ca2 · 1970 · cited in 1 Connecticut opinions naming this issue, 1974–1974 2 sentences 1974United States v. Lamia, 429 F.2d 373 , 429 376 (2d Cir.). 1974*United States v. Lamia, 429 F.2d 373, 376 (2d Cir.).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway.

Also cited on this issue (13)

Case	Cited	Years
Amchem Products, Inc. v. Windsor green scotus · 1997 2 sentences 1999Rule 23 (a) (4) of the Federal Rules of Civil Procedure requires a finding that “the representative parties will fairly and adequately protect the interests of the class.” “The adequacy inquiry under Rule 23(a)(4) serves to uncover conflicts of interest between named parties 87 and the class they seek to represent.” Amchem Products, Inc. v. Windsor, 521 U.S. 591, 625 , 117 S. Ct. 2231 , 138 L. 1999Rule 23 (a) (4) of the Federal Rules of Civil Procedure requires a finding that “the representative parties will fairly and adequately protect the interests of the class.” “The adequacy inquiry under Rule 23(a)(4) serves to uncover conflicts of interest between named parties 87 and the class they seek to represent.” Amchem Products, Inc. v. Windsor, 521 U.S. 591, 625 , 117 S. Ct. 2231 , 138 L.	3	1999–1999
State v. Salgado green conn · 2001 1 sentence 2006Finally, the plaintiffs contend that the trial court improperly rejected the application of the exceptions to the learned intermediary doctrine set forth in Vitanza v. Upjohn Co., supra, 257 Conn. 394 .	1	2006–2006
Carter v. American Bar Ass'n green scotus · 1976 1 sentence 2005Senter v. General Motors Corp., 532 F.2d 511, 525 [(6th Cir.), cert. denied, 429 U.S. 870 , 97 S. Ct. 182 , 50 L.	1	2005–2005
Senter v. General Motors Corp. green scotus · 1976 1 sentence 2005Senter v. General Motors Corp., 532 F.2d 511, 525 [(6th Cir.), cert. denied, 429 U.S. 870 , 97 S. Ct. 182 , 50 L.	1	2005–2005
State v. Golding green conn · 1989 2 sentences 2004He concedes that an attack on the adequacy of the warnings was not raised at trial and therefore asks this court to review his claim pursuant to State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 (1989). 2004He concedes that an attack on the adequacy of the warnings was not raised at trial and therefore asks this court to review his claim pursuant to State v. Golding, 213 Conn. 233, 239-40 , 567 A.2d 823 (1989).	1	2004–2004
Sharp v. Wyatt, Inc. green conn · 1994 2 sentences 2001According to the plaintiff, the determination of the adequacy of the warnings and of the proper recipient of the warnings should be made by the trier of fact because the Appellate Court, in construing § 52-572q (b) in cases involving the analogous common-law “sophisticated user” defense; see Gajewski v. Pavelo, supra, 36 Conn. App. 612 -13; Sharp v. Wyatt, Inc., 31 Conn. App. 824, 849 , 627 A.2d 1347 (1993), aff'd, 230 Conn. 12 , 644 A.2d 871 (1994); has held that that defense does not, as a matter of law, absolve the manufacturer of its obligation to provide direct warnings to the ultimate co 2001According to the plaintiff, the determination of the adequacy of the warnings and of the proper recipient of the warnings should be made by the trier of fact because the Appellate Court, in construing § 52-572q (b) in cases involving the analogous common-law “sophisticated user” defense; see Gajewski v. Pavelo, supra, 36 Conn. App. 612 -13; Sharp v. Wyatt, Inc., 31 Conn. App. 824, 849 , 627 A.2d 1347 (1993), aff'd, 230 Conn. 12 , 644 A.2d 871 (1994); has held that that defense does not, as a matter of law, absolve the manufacturer of its obligation to provide direct warnings to the ultimate co	1	2001–2001
Sharp v. Wyatt, Inc. green connappct · 1993 2 sentences 2001According to the plaintiff, the determination of the adequacy of the warnings and of the proper recipient of the warnings should be made by the trier of fact because the Appellate Court, in construing § 52-572q (b) in cases involving the analogous common-law “sophisticated user” defense; see Gajewski v. Pavelo, supra, 36 Conn. App. 612 -13; Sharp v. Wyatt, Inc., 31 Conn. App. 824, 849 , 627 A.2d 1347 (1993), aff'd, 230 Conn. 12 , 644 A.2d 871 (1994); has held that that defense does not, as a matter of law, absolve the manufacturer of its obligation to provide direct warnings to the ultimate co 2001According to the plaintiff, the determination of the adequacy of the warnings and of the proper recipient of the warnings should be made by the trier of fact because the Appellate Court, in construing § 52-572q (b) in cases involving the analogous common-law “sophisticated user” defense; see Gajewski v. Pavelo, supra, 36 Conn. App. 612 -13; Sharp v. Wyatt, Inc., 31 Conn. App. 824, 849 , 627 A.2d 1347 (1993), aff'd, 230 Conn. 12 , 644 A.2d 871 (1994); has held that that defense does not, as a matter of law, absolve the manufacturer of its obligation to provide direct warnings to the ultimate co	1	2001–2001
Papas v. The Upjohn Company green ca11 · 1993 2 sentences 2000It cited Papas v. Upjohn , 985 F.2d 516 (Ca. 11, 1993), which held that 136v(b) of FIFRA preempts failure to warn claims based upon "point of sale signs, consumer notices, or other information or materials that are `unrelated' to labeling and packaging," stating: "[A]ny claims that point of sale-signs, consumer notices, or other informational materials failed adequately to warn the plaintiff necessarily challenge the adequacy of the warnings provided on the product's labeling or packaging . . . 2000Because claims challenging the adequacy of warnings on materials other than the label or package of the product necessarily imply that the labeling and packaging failed to warn the user, we conclude that these claims are also preempted by FIFRA." Id. at 519 .	1	2000–2000
State v. Harrell green conn · 1986 2 sentences 1991State v. Pollitt, 205 Conn. 132, 152 , 531 A.2d 125 (1987); State v. Harrell, 199 Conn. 255, 268-69 , 506 A.2d 1041 (1986). 1991State v. Pollitt, 205 Conn. 132, 152 , 531 A.2d 125 (1987); State v. Harrell, 199 Conn. 255, 268-69 , 506 A.2d 1041 (1986).	1	1991–1991
State v. Pollitt green conn · 1987 2 sentences 1991State v. Pollitt, 205 Conn. 132, 152 , 531 A.2d 125 (1987); State v. Harrell, 199 Conn. 255, 268-69 , 506 A.2d 1041 (1986). 1991State v. Pollitt, 205 Conn. 132, 152 , 531 A.2d 125 (1987); State v. Harrell, 199 Conn. 255, 268-69 , 506 A.2d 1041 (1986).	1	1991–1991
State v. Harden green conn · 1978 2 sentences 1991While we have used the model Telfaire charge as an aid in determining the adequacy of an instruction on eyewitness identification; id.; State v. McKnight, supra, 582 ; State v. Harden, 175 Conn. 315, 321 , 398 A.2d 1169 (1978); we have never required that it be given verbatim in order to ensure that the jury is properly guided. 1991While we have used the model Telfaire charge as an aid in determining the adequacy of an instruction on eyewitness identification; id.; State v. McKnight, supra, 582 ; State v. Harden, 175 Conn. 315, 321 , 398 A.2d 1169 (1978); we have never required that it be given verbatim in order to ensure that the jury is properly guided.	1	1991–1991
State v. Cosby green connappct · 1986 2 sentences 1988“The trial judge presiding over a criminal case is not engaged in taking a Kafkaesque academic test which he may be determined on appeal to have failed because of questions never asked of him or issues never clearly presented to him.” State v. Cosby, 6 Conn. App. 164, 174 , 504 A.2d 1071 (1986); State v. Vasquez, supra, 653 . 1988“The trial judge presiding over a criminal case is not engaged in taking a Kafkaesque academic test which he may be determined on appeal to have failed because of questions never asked of him or issues never clearly presented to him.” State v. Cosby, 6 Conn. App. 164, 174 , 504 A.2d 1071 (1986); State v. Vasquez, supra, 653 .	1	1988–1988
Miner v. McNamara green conn · 1909 1 sentence 1950Miner v. McNamara, 82 Conn. 578, 582 .	1	1950–1950

Where else courts name it

TX 172 (1935–2026) NY 130 (1953–2026) CA 78 (1954–2026) IL 57 (1970–2026) WA 48 (1968–2026) PA 46 (1971–2023) IN 43 (1979–2024) FL 43 (1972–2026) NJ 31 (1955–2025) LA 31 (1954–2024) MI 27 (1963–2022) MA 25 (1974–2025) OH 24 (1974–2026) MN 22 (1984–2024) OR 21 (1943–2024) NV 21 (1983–2022) MS 20 (1969–2017) CO 16 (1976–2021) WI 15 (1972–2026) MO 15 (1958–2019) CT 14 (1950–2016) AZ 14 (1947–2024) AL 13 (1983–2013) KS 13 (1984–2026) NM 13 (1975–2015) AR 12 (1992–2022) TN 11 (1985–2022) DC 11 (1968–2025) UT 11 (1989–2024) GA 10 (1982–2025) IA 10 (1986–2014) DE 9 (1985–2023) KY 9 (1968–2024) RI 9 (2000–2026) MD 8 (1968–2012) OK 7 (1975–2010) ID 6 (1979–2013) AK 6 (1973–2018) VA 5 (1985–2026) VT 5 (1990–2026) ND 5 (1909–1997) NC 4 (1975–2012) WY 4 (1992–2019) WV 4 (1979–2018) SC 4 (1973–2008) ME 3 (1981–2013) HI 3 (1999–2007) MT 3 (2000–2010) VI 2 (2002–2005)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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