A products liability plaintiff will not get a new trial in a case in which judge also ruled that the Restatement (Third) of Torts should apply to the claim.
U.S. District Judge Yvette Kane, in Jackson v. Louisville Ladder, said she was following the prediction of the U.S. Court of Appeals for the Third Circuit that the Third Restatement, not the Second Restatement, would apply to strict products liability claims in Pennsylvania. The issue of which Restatement the Pennsylvania Supreme Court will apply to products liability law is still up in the air.
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