adequacy warning (Oklahoma) · Go Syfert
← Oklahoma issues

adequacy warning in Oklahoma

7 Oklahoma opinions name it 3 courts 1975–2010 0 in the last five years

The cases below were cited by Oklahoma 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)

CaseFollowedCited
Bland v. Stategreen
oklacrimapp · 2000 · cited in 1 Oklahoma opinions naming this issue, 2009–2009
2 sentences

2009See Bland v. State, 2000 OK CR 11, ¶ 112 , 4 P.3d 702, 780-731 .

2009See Bland v. State, 2000 OK CR 11, ¶ 112 , 4 P.3d 702, 780-731 .

11
Cochran v. CSX Transportation, Inc.green
innd · 2000 · cited in 1 Oklahoma opinions naming this issue, 2003–2003
1 sentence

2003See also Cochran v. CSX Transp., Inc. 112 F.Supp.2d 733, 738 (N.D.Ind.2000) (holding, pursuant to Shanklin, that once the crossbucks were installed with federal funds under a program approved by the FHWA, "federal law preempted any state law claim regarding the adequacy of the warning device at that particular crossing.") © M 31 .

11
Sylvio J. Pitasi and Joan Pitasi v. The Stratton Corporationgreen
ca2 · 1992 · cited in 1 Oklahoma opinions naming this issue, 2003–2003
1 sentence

2003Allowing the jury to apportion the parties' relative fault and/or determine the propriety of punitive damages on the basis that the train was traveling at an excessive rate of speed would "completely deprive the Secretary of the power to preempt state common law." Easterwood, 507 U.S. at 675 , 118 S.Ct. 1782 . §37 To allow Pearl to admit evidence that would permit the jury to apportion the Railroad's fault on the basis of such a challenge is akin to allowing Pearl to improperly submit a claim for negligence based upon adequacy of warnings, excessive train speed and alleged dangerous conditions

11
Bryant v. Stategreen
oklacrimapp · 1970 · cited in 1 Oklahoma opinions naming this issue, 1987–1987
2 sentences

1987Bryant v. State, 478 P.2d 907, 911 (Okl.Cr.1970).

1987Bryant v. State, 478 P.2d 907, 911 (Okl.Cr. 1970).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (14)

CaseCitedYears
Edwards v. Basel Pharmaceuticals green
okla · 1997
2 sentences

2010Id. at 91 . [12] "The adequacy of warnings is determined by state law." Edwards, 1997 OK 22, ¶ 17 , 933 P.2d at 303 . *559 ¶ 20 IsoTis contended the warnings adequately warned Dr. Smith of the potential for an allergic reaction such as that experienced by Plaintiff.

2010Id. at 91 . [12] "The adequacy of warnings is determined by state law." Edwards, 1997 OK 22, ¶ 17 , 933 P.2d at 303 . *559 ¶ 20 IsoTis contended the warnings adequately warned Dr. Smith of the potential for an allergic reaction such as that experienced by Plaintiff.

12010–2010
Nancy C. Lindsay and Bruce H. Lindsay v. Ortho Pharmaceutical Corporation green
ca2 · 1980
2 sentences

2010Id. at 91 . [12] "The adequacy of warnings is determined by state law." Edwards, 1997 OK 22, ¶ 17 , 933 P.2d at 303 . *559 ¶ 20 IsoTis contended the warnings adequately warned Dr. Smith of the potential for an allergic reaction such as that experienced by Plaintiff.

2010Id. at 91 . [12] "The adequacy of warnings is determined by state law." Edwards, 1997 OK 22, ¶ 17 , 933 P.2d at 303 . *559 ¶ 20 IsoTis contended the warnings adequately warned Dr. Smith of the potential for an allergic reaction such as that experienced by Plaintiff.

12010–2010
Strickland v. Washington green
scotus · 1984
2 sentences

2009Such representation not only constitutes a breach of professional ethics and invites disrespect for the integrity of the court, but it is also detrimental to the independent interest of the trial judge to be free from future attacks over the adequacy of the waiver or the fairness of the proceedings in his own court and the subtle problems implicating the defendant's comprehension of the waiyer." T71 The trial judges of this state are vested with the responsibility to ensure that counsel appearing before them adhere to the standards of effective assistance of counsel set out in Strickland v. Wa

2009Such representation not only constitutes a breach of professional ethics and invites disrespect for the integrity of the court, but it is also detrimental to the independent interest of the trial judge to be free from future attacks over the adequacy of the waiver or the fairness of the proceedings in his own court and the subtle problems implicating the defendant's comprehension of the waiyer." T71 The trial judges of this state are vested with the responsibility to ensure that counsel appearing before them adhere to the standards of effective assistance of counsel set out in Strickland v. Wa

12009–2009
Mickelson v. Montana Rail Link, Inc. green
mont · 2000
2 sentences

2003Allowing the jury to apportion the parties' relative fault and/or determine the propriety of punitive damages on the basis that the train was traveling at an excessive rate of speed would "completely deprive the Secretary of the power to preempt state common law." Easterwood, 507 U.S. at 675 , 118 S.Ct. 1782 . §37 To allow Pearl to admit evidence that would permit the jury to apportion the Railroad's fault on the basis of such a challenge is akin to allowing Pearl to improperly submit a claim for negligence based upon adequacy of warnings, excessive train speed and alleged dangerous conditions

2003Allowing the jury to apportion the parties' relative fault and/or determine the propriety of punitive damages on the basis that the train was traveling at an excessive rate of speed would "completely deprive the Secretary of the power to preempt state common law." Easterwood, 507 U.S. at 675 , 118 S.Ct. 1782 . §37 To allow Pearl to admit evidence that would permit the jury to apportion the Railroad's fault on the basis of such a challenge is akin to allowing Pearl to improperly submit a claim for negligence based upon adequacy of warnings, excessive train speed and alleged dangerous conditions

12003–2003
CSX Transportation, Inc. v. Easterwood green
scotus · 1993
1 sentence

2003Allowing the jury to apportion the parties' relative fault and/or determine the propriety of punitive damages on the basis that the train was traveling at an excessive rate of speed would "completely deprive the Secretary of the power to preempt state common law." Easterwood, 507 U.S. at 675 , 118 S.Ct. 1782 . §37 To allow Pearl to admit evidence that would permit the jury to apportion the Railroad's fault on the basis of such a challenge is akin to allowing Pearl to improperly submit a claim for negligence based upon adequacy of warnings, excessive train speed and alleged dangerous conditions

12003–2003
Miller Brewing Company v. Jos. Schlitz Brewing Co. green
ca7 · 1979
1 sentence

1999Schlitz Brewing Co., 605 F.2d 990 (7th Cir.1979), cert. denied 444 U.S; 1102, 100 S.Ct. 1067 , 62 L.Ed.2d 787 (1980), illustrates this point.

11999–1999
Amarex, Inc. v. Federal Energy Regulatory Commission green
scotus · 1980
1 sentence

1999Schlitz Brewing Co., 605 F.2d 990 (7th Cir.1979), cert. denied 444 U.S; 1102, 100 S.Ct. 1067 , 62 L.Ed.2d 787 (1980), illustrates this point.

11999–1999
Donofrio v. Marshall green
scotus · 1980
1 sentence

1999Schlitz Brewing Co., 605 F.2d 990 (7th Cir.1979), cert. denied 444 U.S; 1102, 100 S.Ct. 1067 , 62 L.Ed.2d 787 (1980), illustrates this point.

11999–1999
Richards v. Upjohn Co. green
nmctapp · 1980
1 sentence

1984In Richards v. Upjohn Co., 625 P.2d at 1196 , the New Mexico Court of Appeals listed five “relevant standards concerning the adequacy of warning about a dangerous drug” and went the furthest toward fixing criteria for judging drug warning adequacy.

11984–1984
United States v. Irene Rubio Garcia green
ca9 · 1970
2 sentences

1975Specifically, it rejected the conclusions on the point as reached in United States v. Cassell (7th Cir.1971), 452 F.2d 533 and in United States v. Garcia (9th Cir.1970), 431 F.2d 134 , two of the authorities relied on heavily by the petitioner.

1975Specifically, it rejected the conclusions on the point as reached in United States v. Cassell (7th Cir. 1971), 452 F.2d 533 and in United States v. Garcia (9th Cir. 1970), 431 F.2d 134 , two of the authorities relied on heavily by the petitioner.

11975–1975
United States v. Cordell Cassell green
ca7 · 1971
2 sentences

1975Specifically, it rejected the conclusions on the point as reached in United States v. Cassell (7th Cir.1971), 452 F.2d 533 and in United States v. Garcia (9th Cir.1970), 431 F.2d 134 , two of the authorities relied on heavily by the petitioner.

1975Specifically, it rejected the conclusions on the point as reached in United States v. Cassell (7th Cir. 1971), 452 F.2d 533 and in United States v. Garcia (9th Cir. 1970), 431 F.2d 134 , two of the authorities relied on heavily by the petitioner.

11975–1975
Matthew Massimo v. United States green
ca2 · 1972
2 sentences

1975The adequacy of the warning is not jeopardized by the absence of such embellishments.' "The Second Circuit in Massimo v. United States (2nd Cir.1972), 463 F.2d 1171, 1174 , cert. denied, 409 U.S. 117 , 93 S.Ct. 920 , 34 L.Ed.2d 700 , where a warning similar to that in this case was at issue, adopted the view stated in Lacy on the adequacy of the warning.

1975The adequacy of the warning is not jeopardized by the absence of such embellishments.’ “The Second Circuit in Massimo v. United States (2nd Cir. 1972), 463 F.2d 1171, 1174 , cert. denied, 409 U.S. 117 , 93 S.Ct. 920 , 34 L.Ed.2d 700 , where a warning similar to that in this case was at issue, adopted the view stated in Lacy on the adequacy of the warning.

11975–1975
Hillen v. Hawaii State Prison Superintendent green
scotus · 1973
2 sentences

1975The adequacy of the warning is not jeopardized by the absence of such embellishments.' "The Second Circuit in Massimo v. United States (2nd Cir.1972), 463 F.2d 1171, 1174 , cert. denied, 409 U.S. 117 , 93 S.Ct. 920 , 34 L.Ed.2d 700 , where a warning similar to that in this case was at issue, adopted the view stated in Lacy on the adequacy of the warning.

1975The adequacy of the warning is not jeopardized by the absence of such embellishments.’ “The Second Circuit in Massimo v. United States (2nd Cir. 1972), 463 F.2d 1171, 1174 , cert. denied, 409 U.S. 117 , 93 S.Ct. 920 , 34 L.Ed.2d 700 , where a warning similar to that in this case was at issue, adopted the view stated in Lacy on the adequacy of the warning.

11975–1975
Moore v. United States green
scotus · 1973
2 sentences

1975The adequacy of the warning is not jeopardized by the absence of such embellishments.' "The Second Circuit in Massimo v. United States (2nd Cir.1972), 463 F.2d 1171, 1174 , cert. denied, 409 U.S. 117 , 93 S.Ct. 920 , 34 L.Ed.2d 700 , where a warning similar to that in this case was at issue, adopted the view stated in Lacy on the adequacy of the warning.

1975The adequacy of the warning is not jeopardized by the absence of such embellishments.’ “The Second Circuit in Massimo v. United States (2nd Cir. 1972), 463 F.2d 1171, 1174 , cert. denied, 409 U.S. 117 , 93 S.Ct. 920 , 34 L.Ed.2d 700 , where a warning similar to that in this case was at issue, adopted the view stated in Lacy on the adequacy of the warning.

11975–1975

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.

← Caselaw search · G Cite Topics · Brief Check