failure to warn claim (Indiana) · Go Syfert
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failure to warn claim in Indiana

7 Indiana opinions name it 2 courts 1990–2019 0 in the last five years

The cases below were cited by Indiana 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 (3)

CaseFollowedCited
Dow Chemical Co. v. Eblinggreen
ind · 2001 · cited in 2 Indiana opinions naming this issue, 2013–2013
2 sentences

2013As our Supreme Court held in Dow Chemical Co. v. Ebling, 753 N.E.2d 633, 640 (Ind. 2001), “[t]he use of state tort law to further the dissemination of label information to persons at risk clearly facilitates rather than frustrates the objectives of FIFRA and does not burden [an applicator’s] compliance with FIFRA.” Again, the trial court’s grant of summary judgment on this issue was improper.

2013As our Supreme Court held in Dow Chemical Co. v. Ebling, 753 N.E.2d 633, 640 (Ind.2001), “[t]he use of state tort law to further the dissemination of label information to persons at risk clearly facilitates rather than frustrates the objectives of FIFRA and does not burden [an applicator’s] compliance with FIFRA.” Again, the trial court’s grant of summary judgment on this issue was improper.

22
cluster 596408green
ca3 · 1992 · cited in 1 Indiana opinions naming this issue, 2019–2019
1 sentence

2019See Fleck v. KDI Sylvan Pools, Inc. , 981 F.2d 107 (3d Cir. 1992).

11
Vogler v. Dominguezgreen
indctapp · 1993 · cited in 1 Indiana opinions naming this issue, 1999–1999
1 sentence

1999Because we hold that the trial court did not err in denying IMPC’s motion for summary judgment on the Runges' negligence claim, we need not squarely address the parties’ arguments on the applicability of res ipsa loquitur, which is “a rule of evidence which allows an inference of negligence to be drawn from certain surrounding facts.” Vogler v. Dominguez, 624 N.E.2d 56, 61 (Ind.Ct.App.1993), trans. denied (1994).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Kennedy v. Guess, Inc. green
ind · 2004
1 sentence

2019See T.R. 56(C); Siner , 51 N.E.3d at 1187 ; Kennedy , 806 N.E.2d at 782 .

12019–2019
Kathy L. Siner, Personal Representative of the Estate of Geraldine A. Siner v. Kindred Hospital Limited Partnership, d/b/a Kindred Hospital of Indianapolis green
ind · 2016
1 sentence

2019See T.R. 56(C); Siner , 51 N.E.3d at 1187 ; Kennedy , 806 N.E.2d at 782 .

12019–2019
Shanks v. A.F.E. Industries, Inc. green
ind · 1981
2 sentences

2018Id. at 249 , 416 N.E.2d at 837 -38 .

2018Id. at 249 , 416 N.E.2d at 837 -38 .

12018–2018
Beck v. City of Evansville green
indctapp · 2006
2 sentences

2009We note two things with respect to waiver: 1) Ford cited Standard 208 generally to the trial court; and 2) we may affirm a grant of summary judgment on any basis supported by the record, 5 Beck, 842 N.E.2d at 860 . 6 Whether the provisions of Standard 208 preempt the Cooks' failure to warn claim was an issue raised to the trial court and is a question of law that can be decided on this record.

2009We note two things with respect to waiver: 1) Ford cited Standard 208 generally to the trial court; and 2) we may affirm a grant of summary judgment on any basis supported by the record, [5] Beck, 842 N.E.2d at 860 . [6] Whether the provisions of Standard 208 preempt the Cooks' failure to warn claim was an issue raised to the trial court and is a question of law that can be decided on this record.

12009–2009
Cipollone v. Liggett Group, Inc. green
ca3 · 1986
1 sentence

1990We are persuaded by the reasoning of Cipollone v. Liggett Group (1986), 3rd Cir., 789 F.2d 181 , cert. denied (1987), 479 U.S. 1043 , 107 S.Ct. 907 , 93 L.Ed.2d 857 , that the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. §§ 1331 et seq., preempts “those state law damage actions relating to smoking and health that challenge ... the adequacy of the warning on cigarette packages.” Id. at 187 .

11990–1990
Martin County, Florida v. Makemson Et Al.; And Okeechobee County, Florida v. Dennis Et Al. green
scotus · 1987
2 sentences

1990We are persuaded by the reasoning of Cipollone v. Liggett Group (1986), 3rd Cir., 789 F.2d 181 , cert. denied (1987), 479 U.S. 1043 , 107 S.Ct. 907 , 93 L.Ed.2d 857 , that the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. §§ 1331 et seq., preempts “those state law damage actions relating to smoking and health that challenge ... the adequacy of the warning on cigarette packages.” Id. at 187 .

1990We are persuaded by the reasoning of Cipollone v. Liggett Group (1986), 3rd Cir., 789 F.2d 181 , cert. denied (1987), 479 U.S. 1043 , 107 S.Ct. 907 , 93 L.Ed.2d 857 , that the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. §§ 1331 et seq., preempts “those state law damage actions relating to smoking and health that challenge ... the adequacy of the warning on cigarette packages.” Id. at 187 .

11990–1990
Cipollone v. Liggett Group, Inc. green
scotus · 1987
1 sentence

1990We are persuaded by the reasoning of Cipollone v. Liggett Group (1986), 3rd Cir., 789 F.2d 181 , cert. denied (1987), 479 U.S. 1043 , 107 S.Ct. 907 , 93 L.Ed.2d 857 , that the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. §§ 1331 et seq., preempts “those state law damage actions relating to smoking and health that challenge ... the adequacy of the warning on cigarette packages.” Id. at 187 .

11990–1990

Statutes the citing opinions construe

IN § Ind. Code § 34-20-1-1 (4) IN § Ind. Code § 34-20-2-2 (3) IN § Ind. Code § 34-20-4-1 (3) IN § Ind. Code § 34-20-5-1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 38 (1989–2025) CA 32 (1979–2026) NJ 21 (1986–2024) IL 17 (2005–2024) WA 13 (1992–2019) GA 11 (1997–2023) MS 10 (2012–2023) PA 10 (1997–2017) OH 10 (2000–2026) TN 8 (2001–2019) TX 8 (1989–2021) LA 8 (1995–2026) MD 7 (1989–2026) FL 7 (1998–2026) IN 7 (1990–2019) IA 6 (1999–2018) MI 6 (1992–2022) OR 5 (1997–2024) MN 5 (2004–2015) MO 5 (1990–2016) MT 5 (1992–2011) DE 4 (2020–2025) MA 4 (2007–2018) AL 4 (1986–2014) WI 4 (1999–2023) AZ 3 (2008–2018) DC 3 (1990–2022) KY 3 (2020–2023) CT 3 (1995–2022) WV 3 (2013–2018) HI 2 (1997–1998) SD 2 (2007–2016) CO 2 (1992–1993) ME 2 (2009–2009) VA 2 (2012–2013)

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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