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Articles by Stephen J. Finley
Federal Judge Tackles 'Sexual Abuse' Exception to Sovereign Immunity—Twice | The Legal Intelligencer
In the three years since Pennsylvania adopted a 10th exception to the Political Subdivision Tort Claims Act (PSTCA), 42 Pa.C.S.A. Section 8522(b)(10), which recognizes claims of “sexual abuse” as an exclusion to the sovereign immunity typically afforded to political subdivisions in negligence cases, courts have seen an increase in litigation involving sexual abuse of school students.
Liability Is Just One Click Away! Original
Section 402A of the Restatement (Second) of Torts provides that a user or consumer injured by a defective product may seek redress from the product seller under a theory of strict liability. Nevertheless, Pennsylvania courts have held that not every entity with a role in putting a product into the hands of consumers is a “product seller” within the meaning of Section 402A.
The Metaverse of Products Liability: Are Tech Companies 'Products'?
Products liability claims have long focused on physical products.
'Tincher' at 5 Years Old: A Vision Partially Realized
Stephen J. Finley, left, and Jonathan T. Woy, right, of Gibbons P.C. Five years ago, the Pennsylvania Supreme Court undertook to modernize Pennsylvania products liability law in its seminal decision of Tincher v. Omega Flex, 104 A.3d 328 (Pa. 2014). There, the Pennsylvania Supreme Court overruled Azzarello v. Black Bros., 391 A.2d 1020 (Pa. 1978) and did away with the unwieldy framework that had developed since the Azzarello decision nearly 40 years earlier.
Third Circuit Now 'Encompasses' Pre-Service Removal
The removal statute says what it says and should be given its plain meaning. That was the holding of the United States Court of Appeals for the Third Circuit in Encompass Ins. Co. v. Stone Mansion Rest., 902 F.3d 147 (3d Cir. 2018), a decision in which the court found that pre-service removal, sometimes also referred to as “snap removal,” is a proper and legitimate method to secure a federal forum.
OPINION: Hyde-Smith’s ‘Public Hanging’ Comment Is A Prime Example Of ‘Dog Whistle’ Misconceptions
5:54 PM 11/27/2018 | Opinion Stephen Finley | Senior Technical Writer and Editor, U.S. Army If one wants a prime example of the media being profoundly stupid — and of a political opponent engaging in the worst kind of opportunism that treats voters as equally stupid — it’s hard to do better than the uproar over Mississippi Senate candidate Cindy Hyde-Smith’s “public hanging” comment.
Despite Developments in Pa. Products Liability Law, Still No Duty to Recall | The Legal Intelligencer
Stephen J. Finley Jr. of Gibbons P.C. The last several years have brought significant developments to Pennsylvania products liability law, ranging from the Pennsylvania Supreme Court’s decisions in Tincher v. Omega Flex and Lance v. Wyeth to rulings on the scope of evidence in the trial of a products liability case, to the application of the Pennsylvania Fair Share Act to a strict product liability claim.
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