3rd Circ. Again Tells Pa. Courts To Apply New Tort Treatise

Law360, New York (October 19, 2012, 5:47 PM EDT) -- The Third Circuit on Wednesday held for the third time in four years that the America Law Institute's most recent treatise on tort law should apply to suits in Pennsylvania unless the state's highest court rules otherwise.

At issue before the appeals court — in a woman's suit against airplane engine maker Avco Corp. over an engine that allegedly malfunctioned and caused her husband's death — was whether a Pennsylvania district court incorrectly applied the second restatement of torts, a previous version of the ALI's treatise...
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