The U.S. Court of Appeals for the Third Circuit has sent a strong signal that the federal trial courts in Pennsylvania should apply the Restatement (Third) of Torts, not the Restatement (Second) of Torts, to products liability cases in an order issued this week.
Some district courts have said that the Restatement (Second) should apply because the state Supreme Court has not affirmatively adopted the Restatement (Third), while other district courts have said they need to follow the Third Restatement because the Third Circuit’s prediction that the state high court will adopt the Third Restatement is binding up federal district courts sitting in diversity.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
