It listed among the possibilities a manufacturing flaw, a design defect or problems with external systems that charge and discharge the battery.
The district court granted judgment for Wyeth, holding that Section 22(b)(1) of the Vaccine Act expressly preempts all design defect claims arising from a vaccine-related injury.
FORBES: High Court Upholds Federal Preemption of Design Defect Claims Against Vaccine Makers
The high court ultimately agreed with WLF that Congress mandated preemption of design defect claims when it adopted the Vaccine Act, which established a national, comprehensive, no-fault compensation program for vaccine-related injuries.
FORBES: High Court Upholds Federal Preemption of Design Defect Claims Against Vaccine Makers
In this room, which is impervious to outside radio signals, our test engineers connected the phones to our base-station emulator, a device that simulates carrier cell towers (seevideo: IPhone 4 Design Defect Confirmed).
National Childhood Vaccine Injury Act of 1986 (the Vaccine Act), allowing state-court judgments against a vaccine manufacturer based on an alleged design defect would wholly undermine the preservation of a robust childhood vaccine market.
FORBES: High Court Upholds Federal Preemption of Design Defect Claims Against Vaccine Makers
The problem with the introduction of the label for the limited purpose of determining feasibility of precautionary matters is that it opens the door to abuse by the Plaintiffs to prove other claims (such as negligence and design defect), which technically constitutes reversible error should the Riddell Defendants choose to appeal an unfavorable verdict.
Bartlett that federal law preempts design-defect claims against the manufacturer of a generic drug.
The federal government gave the only intellectually honest answer to that question: design-defect claims are preempted because they conflict with the federal drug approval process.
FORBES: DOJ/FDA Brief in SCOTUS Generic Drug Preemption Case Hands Plaintiffs New Liability Theories
The pending Bartlett case will determine whether Mensing applies to design-defect claims and whether it requires a finding that such claims against generic drug manufacturers are similarly preempted.
FORBES: DOJ/FDA Brief in SCOTUS Generic Drug Preemption Case Hands Plaintiffs New Liability Theories
Ms Hersman said they were now following up two lines of inquiry - the actual cause of the short circuit, and why the certification process failed to pick up the defect in the battery's design.
But several other possibilities are being explored, including contamination or defect during manufacturing, flaws in the design or construction of the battery, and problems with battery charging.
After Monday's fire, the big question for Boeing will be whether the issue is a manufacturing defect, which can be fixed relatively cheaply, or a design flaw, which might require expensive redesign and rework on existing planes, said Citi analyst Jason Gursky.
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