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Breaking News II – Tincher Decided in Pennsylvania – Azzarello Overruled

By Jillian Beck on November 19, 2014

This is as short as the Tincher majority opinion (137 pp.) is long.  Azzarello is overruled.  The preliminary judicial evaluation of “unreasonable danger” is abolished.  The jury considers it under a dual standard.  The negligence/strict liability dichotomy originating in Azzarello is gone.  The Third Restatement is not adopted.  Haven’t finished reading.  There will be more tomorrow about this.

  • Posted in:
    Food, Drug & Agriculture
  • Blog:
    Drug & Device Law
  • Organization:
    Reed Smith LLP
  • Article: View Original Source

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