After the U.S. Court of Appeals for the Third Circuit declined to consider a district judge’s opinion that the Restatement (Second) of Torts, not the Restatement (Third), applies to products liability law in Pennsylvania, defense lawyers in an airplane crash case said they were left wondering which source of law should apply.

But a plaintiffs lawyer in the case of Sikkelee v. Avco said he interpreted the Third Circuit’s decision not to take an interlocutory appeal of U.S. District Judge John E. Jones III of the Middle District of Pennsylvania’s decision as an endorsement.

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