[Drug and Device Law] Breaking News II - TIncher Decided in Pennsylvania - Azzarello Overruled

This is as short as the Tincher majority opinion (128 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.

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Posted By Bexis to Drug and Device Law at 11/19/2014 05:30:00 PM

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