Federal Judge Refits Case Against Kenworth to Restatement (Third)

, The Legal Intelligencer


Following the U.S. Court of Appeals for the Third Circuit's prediction that the state Supreme Court will adopt the Restatement (Third) of Torts, a federal judge has reconsidered an opinion he issued earlier this year, holding that there was clear error in his application of the case to the Third Restatement.

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What's being said

  • Harry M. Paras

    The Third Circuit Court of Appeals has certainly indicated its preference that the Pa. Supreme Court should adopt the Third Restatement. I doubt that the Third Circuit`s thinking will in any way influence the Pa. Supreme Court and the Pa. Supreme Court has given no indication that this state court will adopt the Third Restatement and,in fact,has given indications to the contrary. Time will eventually tell the tale,but I`m predicting that the Pa. Supreme Court does not adopt the Third Restatement.

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