adequacy warning in Alabama

2007As to the basis of the adequacy challenge otherwise, we find the principles expressed in Regions Bank v. Lee , supra, sufficient to show that the trial court did not exceed its discretion in rejecting, on the record before it, the arguments SAMC advanced.

2006As to the basis of the adequacy challenge otherwise, we find the principles expressed in Regions Bank v. Lee, supra, sufficient to show that the trial court did not exceed its discretion in rejecting, on the record before it, the arguments SAMC advanced.

1998Id.

1998For example, in Hicks , 652 So.2d at 215 -17 , the case cited by Lawley and Bryant in support of their negligent-failure-to-warn argument, this Court held that on an AEMLD claim a question of the adequacy of a warning created a jury issue.

2013In Lummus, the United States Court of Appeals for the Second Circuit stated: “Whether a judgment, not ‘final’ in the sense of 28 U.S.C. § 1291 , ought nevertheless be considered ‘final’ in the sense of precluding further litigation of the same issue, turns upon such factors as the nature of the decision (i.e., that it was not avowedly tentative), the adequacy of the hearing, and the opportunity for review. ‘Finality’ in the context here relevant may mean little more than that the litigation of a particular issue has reached such a stage that a court sees no really good reason for permitting it

2007Although the motion was accompanied by affidavits, it did not "include specific references to pleadings, portions of discovery materials, or affidavits for the court to rely on." Northwest Florida Truss, 782 So.2d at 277 .

2004In Stone , this Court addressed the following question, among others, certified by the United States Court of Appeals for the Eleventh Circuit: "If the adequacy of the warning determines whether an unavoidably unsafe prescription drug is unreasonably dangerous, is an adequate warning to the prescribing physician, but not to the ultimate consumer, sufficient as a matter of law?" 447 So.2d at 1303 .

2003Kelly, 605 So.2d at 1193 ; Grose, 586 So.2d at 199 ; Caudle, 566 So.2d at 248 ; J.B.

2003Kelly, 605 So.2d at 1193 ; Grose, 586 So.2d at 199 ; Caudle, 566 So.2d at 248 ; J.B.

2003Kelly, 605 So.2d at 1193 ; Grose, 586 So.2d at 199 ; Caudle, 566 So.2d at 248 ; J.B.

1996In Ex parte Musgrove , 638 So.2d 1360 , 1366-67 (Ala. 1993), cert. denied, Rogers v. Alabama , ___ U.S. ___, 115 S.Ct. 136 , 130 L.Ed.2d 78 (1994), this Court, faced with a similar problem concerning the adequacy of an instruction on flight, stated: "Musgrove and Rogers contend that the trial court improperly instructed the jury that evidence of their flight from police could be used only to conclude that they absented themselves out of a consciousness of guilt of the murder of Coy Barron or that they absented themselves out of an innocent and lawful purpose.

1996In Ex parte Musgrove, 638 So.2d 1360, 1366-67 (Ala.1993), cert. denied, Rogers v. Alabama, ___ U.S. ___, 115 S.Ct. 136 , 130 L.Ed.2d 78 (1994), this Court, faced with a similar problem concerning the adequacy of an instruction on flight, stated: "Musgrove and Rogers contend that the trial court improperly instructed the jury that evidence of their flight from police could be used only to conclude that they absented themselves out of a consciousness of guilt of the murder of Coy Barron or that they absented themselves out of an innocent and lawful purpose.

1996In Ex parte Musgrove , 638 So.2d 1360 , 1366-67 (Ala. 1993), cert. denied, Rogers v. Alabama , ___ U.S. ___, 115 S.Ct. 136 , 130 L.Ed.2d 78 (1994), this Court, faced with a similar problem concerning the adequacy of an instruction on flight, stated: "Musgrove and Rogers contend that the trial court improperly instructed the jury that evidence of their flight from police could be used only to conclude that they absented themselves out of a consciousness of guilt of the murder of Coy Barron or that they absented themselves out of an innocent and lawful purpose.

1996In Ex parte Musgrove, 638 So.2d 1360, 1366-67 (Ala.1993), cert. denied, Rogers v. Alabama, ___ U.S. ___, 115 S.Ct. 136 , 130 L.Ed.2d 78 (1994), this Court, faced with a similar problem concerning the adequacy of an instruction on flight, stated: "Musgrove and Rogers contend that the trial court improperly instructed the jury that evidence of their flight from police could be used only to conclude that they absented themselves out of a consciousness of guilt of the murder of Coy Barron or that they absented themselves out of an innocent and lawful purpose.

1987Lowe v. General Motors , 624 F.2d 1373 , 1381-82 (5th Cir. 1980).

1987State Farm cites the case of Outlaw v. Firestone Tire Rubber Co. , 770 F.2d 1012 (5th Cir. 1985), wherein the Fifth Circuit correctly stated Alabama law, that the existence of a duty to warn and the adequacy of a warning are questions of fact for the jury: "The district court's primary concern was its perception that Outlaw failed to prove a necessity to warn.

1984See Casrell, supra , at 133; Atkins, supra , at 142. (2) If the adequacy of the warning determines whether a plaintiff assumed the risk, can prescribing physicians *Page 1303 assume the risk for their patients? (3) If the adequacy of the warning determines whether an unavoidably unsafe prescription drug is unreasonably dangerous, is an adequate warning to the prescribing physician, but not to the ultimate consumer, sufficient as a matter of law?

1984See Casrell v. Altec Industries, Inc. , 335 So.2d at 132; Atkins v. American Motors Corp. , 335 So.2d at 141 .

1983Applying a different standard for the conduct of lawyers, Hoppins did not show "that reasonably competent lawyers rendering similar services under existing circumstances would have filed a motion to quash the jury panel." Benson v. State , 611 S.W.2d 538 , 544 (Mo.App. 1980).