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In Tincher v. Omega Flex, Inc., 104 A. 2d 328 (Pa. 2014), the Pennsylvania Supreme Court cast aside more than 35 years of precedent when it reformulated the standards determining the circumstances under which a product is considered defective within the context of the Restatement (Second) of Torts, Section 402 (A). From the court’s decision in Azzarello v. Black Bros. Co., 391 A.
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A recent ruling by Pennsylvania’s intermediate appellate court has expanded the scope of liability for negligent misrepresentation to include a class of potential defendants far beyond those expressly exposed under a prior ruling of the Commonwealth’s highest court. The September 27, 2017, decision by the Pennsylvania Superior Court in Fulton Bank, N.A. v.
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