The current state of products liability law in Pennsylvania presents “an awful situation for litigants and lawyers,” a federal appeals judge said in a recent oral argument, because the Pennsylvania Supreme Court has not yet tackled the question of whether to adopt the Restatement (Third) of Torts .
But U.S. Circuit Judge Thomas M. Hardiman told plaintiffs attorney Daniel L. Thistle that, “as chaotic as it is,” it seemed that the 3rd U.S. Circuit Court of Appeals was “duty bound” to continue to apply its 2009 ruling that predicted Pennsylvania will eventually abandon the Restatement (Second) of Torts and adopt the Restatement (Third).
