Analysis

3rd Circ. Judges' Call To Limit Gov't Torts Raises Eyebrows

Law360 (October 1, 2020, 7:53 PM EDT) -- Recent calls from a pair of Third Circuit judges to reexamine and potentially narrow a legal theory used to hold governments liable for creating situations that injure or kill people has left some attorneys questioning the need to rework a doctrine they say is already difficult to successfully employ in court.

The calls came in concurring opinions filed last week in a decision affirming the dismissal of a personal injury suit against the city of Philadelphia brought by the estates of a family that died in an apartment fire after firefighters initially drove to the wrong location, then extinguished the blaze...

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