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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., 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., Craig Lawrence Bazarsky
Craig Bazarsky
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, …