Duty To Train: Thwarted Again

Law360, New York (August 1, 2012, 2:37 PM EDT) -- When the U.S. Supreme Court declined to take up the case of Rounds v. Genzyme Corp., No. 11-11025 (11th. Cir. Sept. 8, 2011) cert denied (U.S. Apr. 16, 2012) (No. 11-971), it let stand a ruling on the application of the learned intermediary doctrine, and passed up an opportunity to examine whether that doctrine could be altered in the context of a failure-to-train claim.

In Rounds, the U.S. Court of Appeals for the Eleventh Circuit held that the plaintiff’s failure to train argument was subsumed by...
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