Tetuan v. A.H. Robins Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• \The concerns expressed in Roginsky of multiple punitive damage awards in mass accident or products liability cases may require consideration by this court at some future time.\
• “To satisfy the re- quirements of misrepresentation, it must appear that the defendant’s tortious conduct has in fact caused the plaintiff damage.”
• “The misrepresentation must be known to be untrue by the person making the statements, or made with reckless disregard for the truth, and reliance thereon must be reasonable and justifiable.”
• MDA only preempts claims under counterpart regulations, not to false labeling claims
• physician justifiably relied on manufacturer’s failure to disclose problem? with ethical product and patient justifiably relied on physi dan’s failure to warn, so physician’s justifiable reliance on manufacturer was imputed to patient, making manufacturer liable to patient for fraud.
• test for fraud is whether any misrepresentation caused plaintiff’s injury

Source: CourtListener parenthetical corpus (CC0).