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Attorneys Prepared to Keep Waiting for Restatement Decision

April 8, 2014


It’s been more than six months since the state Supreme Court heard oral arguments about whether to adopt the Restatement (Third) of Torts, and no decision appears to be forthcoming; however, attorneys who spoke with the Law Weekly say they aren’t worried that the time gap is a signal of deadlock.

“It’s sort of like a Magic 8 Ball,” said Jeremy D. Mishkin of Montgomery McCracken Walker & Rhoads. “The reply is: ‘Hazy. Try again later.'”

In October, the Supreme Court heard arguments in Tincher v. Omega Flex, which is believed to be the test case for whether Pennsylvania courts will adopt what some see as the more defense-friendly Restatement (Third) of Torts, or continue using the Restatement (Second) of Torts, which is thought to be more favorable to plaintiffs.

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