This coming week marks twentieth month since the Pennsylvania Supreme Court overhauled its product liability jurisprudence in Tincher v. Omega Flex, Inc. In Tincher, the Pennsylvania Supreme Court overturned nearly forty years of product liability law by putting the determination … Continue reading
It has been a year since the Pennsylvania Superior Court decided that PA would continue to follow the Restatement (Second) of Torts in Tincher v. Omega Flex, and the fog of confusion surrounding the state of products liability law has … Continue reading
Don’t forget about John Doe when appealing trial court orders holds Pennsylvania Superior Court. In William Massaro v. Tincher Contracting, LLC, Kenneth E. Tincher II, & John Does 1-10, William Massaro (“Massaro”) sued Kenneth Tincher and his contracting company, Tincher … Continue reading
The plaintiff in a products liability action involving a table saw recently settled his claims for $2 million. In Mai v. Ryobi Technologies, C.P. Philadelphia No. 140303388, the plaintiff injured several fingers while using a table saw to cut through … Continue reading
This past July, the Western District of Pennsylvania issued an opinion that, if broadly adopted by Pennsylvania courts, could severely limit the extent of the recent Pennsylvania Supreme Court decision in Tincher v. Omega Flex. Tincher, as previously discussed by … Continue reading
Is evidence of a product’s adherence to governmental standards admissible in strict liability cases in Pennsylvania? Short answer, maybe. The Pennsylvania Superior Court was faced with this issue in Webb v. Volvo Cars of North America. In Webb, a tangled … Continue reading
The Superior Court of Pennsylvania denied a motion for a new trial and/or judgment notwithstanding the verdict filed by Ford Motor Company after a jury award of $5,940,706.86 in Cancelleri v. Ford Motor Co. In August 2010, John Cancelleri was … Continue reading
In a recent decision levied in the wake of Tincher v. Omega Flex, Inc., the United States District Court for the Western District of Pennsylvania concluded that Pennsylvania products law does not impose strict liability on medical devices such that … Continue reading
In DeJesus v. Knight Industries, the Third Circuit revisited the continuing debate between the Third Restatement’s modern view of product liability law and the Commonwealth’s unique and, at times, questionable interpretation of Section 402(a) of the Second Restatement. In Dejesus, plaintiff was … Continue reading
As we have previously reported, in Tincher v. Omega Flex, Inc., the Pennsylvania Supreme Court recently overruled the overbearing Azzarello standard that imposed absolute strict liability on manufacturers regardless of reasonableness and foreseeability while affirming the Second Restatement’s place in … Continue reading
