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Unpublished Paper
A PREDICTION IS WORTH FOUR THOUSAND WORDS: THE THIRD CIRCUIT BOLDLY HOLDS THAT THE SUPREME COURT OF PENNSYLVANIA WILL APPLY THE RESTATEMENT (THIRD) IN COVELL v. BELL SPORTS, INC.
ExpressO (2012)
  • Craig Lawrence Bazarsky
Abstract
The Third Circuit has struggled with whether to apply the Restatement (Second) of Torts or Restatement (Third) when sitting in diversity jurisdiction in Pennsylvania. This began in Berrier v. Simplicity Manufacturing, Inc., when the Third Circuit predicted that the Supreme Court of Pennsylvania would reject the Restatement (Second) and adopt the Restatement (Third). The Supreme Court of Pennsylvania was set to decide the issue in Bugosh v. I.U. North America, Inc., after granting allocatur in 2008; however, they dismissed the appeal as improvidently granted in 2009, and neither adopted the Restatement (Third) nor reaffirmed the Restatement (Second). The Third Circuit, following Berrier precedent, applied the Restatement (Third) and Pennsylvania state courts, following state precedent, applied the Restatement (Second). Shortly after the Bugosh decision, lower courts within the Third Circuit split on which precedent to follow. In Covell v. Bell Sports, Inc., the Third Circuit reexamined the state of products liability law in Pennsylvania and reaffirmed the Berrier prediction. This opinion is helpful because it suggests that the Third Circuit will continue to apply the Restatement (Third), absent a conclusive statement from the Supreme Court of Pennsylvania to the contrary. This Article examines the Third Circuit’s application of the Restatement (Third) when sitting in diversity jurisdiction in Pennsylvania, and serves as a guide to practitioners.
Disciplines
Publication Date
March 4, 2012
Citation Information
Craig Lawrence Bazarsky. "A PREDICTION IS WORTH FOUR THOUSAND WORDS: THE THIRD CIRCUIT BOLDLY HOLDS THAT THE SUPREME COURT OF PENNSYLVANIA WILL APPLY THE RESTATEMENT (THIRD) IN COVELL v. BELL SPORTS, INC." ExpressO (2012)
Available at: http://works.bepress.com/craig_bazarsky/1/