After the U.S. Court of Appeals for the Third Circuit said for the third time that the Restatement (Third) of Torts governs products liability cases in Pennsylvania, some attorneys said the federal appeals court seems to be trying to force the state Supreme Court into deciding the issue.
Other attorneys, however, said that the conflict is just a matter of what happens when there is an open question of law. A federal court, sitting in a case involving litigants with diversity of citizenship, has made a prediction of how the state Supreme Court will rule, but the court just hasn’t ruled on the issue yet, those attorneys said.
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