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Bartlett subsequently sued Mutual for alleged design defects under New Hampshire state law, and last May, a federal appeals court upheld the award.
FORBES: Good For Generic Drugmakers? White House To Argue In Favor Of Preemption
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The US Supreme Court this week agreed to allow the Solicitor General to argue that federal law preempts personal injury lawsuits claiming design defects from proceeding in state courts.
FORBES: New Hampshire
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It was reported that factory management and Apple, despite design defects, raised strict quality demands on workers, including indentations standards of 0.02mm and demands related to scratches on frames and back covers.
FORBES: Foxconn Quality Control Workers Strike Over iPhone 5 Workload, Production Lines "Paralyzed"
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Generic drugmakers may get a boost now that the US Supreme Court has agreed to allow the Solicitor General to argue that federal law preempts personal injury lawsuits claiming design defects from proceeding in state courts.
FORBES: Good For Generic Drugmakers? White House To Argue In Favor Of Preemption
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Allowing a disappointed vaccine claimant who lost in Vaccine Court to then seek compensation for design defects via civil tort litigation would exacerbate, not ameliorate, the costly burden of litigation that initially prompted Congress to pass the Vaccine Act, WLF argued.
FORBES: High Court Upholds Federal Preemption of Design Defect Claims Against Vaccine Makers
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However, if the licensors participate substantially in the design, manufacture, or distribution of such products, they can be held liable for defects in the products as if they were the manufacturer.
FORBES: Are Trademark Licensors Liable For Injuries Caused By Their Licensees' Defective Products?