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Lawsuit Photo: EmiliaUngur/Shutterstock

Armed with a pair of concurring statements from two Trump-appointed judges on the U.S. Court of Appeals for the Third Circuit, the defense bar is poised to take on the state-created danger doctrine, which some see as a way of holding state actors accountable for dangerous misconduct while others see it as having drifted too far from common-law tort concepts.

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Max Mitchell

Max Mitchell is ALM's Pennsylvania Bureau Chief overseeing The Legal Intelligencer, Delaware Law Weekly and Delaware Business Court Insider. Follow him on Twitter @MMitchellTLI. His email is [email protected]

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