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Expert Analysis

Which Restatement Of Torts Applies In Pa.?

Law360, New York (November 27, 2012, 1:05 PM EST) -- The Third Circuit Court of Appeals has once again affirmed that federal courts sitting in diversity and applying Pennsylvania law to product liability cases should look to Sections 1 and 2 of the Restatement (Third) of Torts, not the standards set forth in Section 402A of the Restatement (Second) of Torts. As a result, there continues to be uncertainty in this area of the law, and "forum shopping" between state versus federal court in Pennsylvania becomes even more of a strategic decision....

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