Topic: where liability is predicated on a failure to warn, new yor… · Go Syfert
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Topic #27471

3 canonical passages across 3 cases, quoted by 15 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Estrada v. Berkel Inc..

#Case FlagCanonical passage Citers
1 Estrada v. Berkel Inc. Anchor
nyappdiv · 2005
green “where liability is predicated on a failure to warn, new york views negligence and strict liability claims as equivalent.” 6
2 Amos v. Biogen Idec Inc.
nywd · 2017
green “a plaintiff alleging negligent misrepresentation must establish reliance upon a false statement or material misrepresentation or omission, and the learned intermediary rule eliminates the possibility of any such reliance.” 5
3 Porrazzo v. Bumble Bee Foods, LLC
nysd · 2011
green “to establish that a product is defective for purposes of a breach of implied warranty of merchantability claim, a plaintiff must show that the product was not reasonably fit for its intended purpose, an inquiry that focuses on the expectations for the performance of the product …” 4

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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