A federal judge, relying in part on the state Supreme Court’s recent landmark products liability ruling in Tincher v. Omega Flex, found one of the defendants in a penis-pump personal injury suit improperly removed the case to federal court.
U.S. District Judge Arthur Schwab of the Western District of Pennsylvania said the state Supreme Court reiterated in the 2014 Tincher ruling that sellers and distributors of an allegedly defective product face potential liability. That meant the seller of the penis pump at issue in Bowers v. Adam and Eve Stores was not a nominal party to the suit and had to consent to the case’s removal from the Washington County Court of Common Pleas to federal court.
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