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Products Liability an ‘Unnerving New World’ Since ‘Tincher’

February 5, 2016

The Legal Intelligencer
By Ben Seal

Chief Justice Ronald D. Castille had spent years working over the issue with his colleagues, trying to form a consensus. For nearly two decades, a question had been kicked around the state Supreme Court: Would Pennsylvania products liability law continue to follow the Restatement (Second) of Torts or would it update its standing and adopt the Third Restatement, published in 1998?

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Fifteen months later, uncertainty is the rule of the day, as a host of issues involving evidentiary matters, jury charges and available defenses have created what Jeremy Mishkin, a defense attorney at Montgomery McCracken Walker & Rhoads, called an “unnerving new world.”

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