The Judicial Panel on Multidistrict Litigation has ordered that pre-trial proceedings in twelve putative class actions alleging defects in composite outdoor decking materials be coordinated or consolidated in the United States District Court for the District of New Jersey. The suits contend that decking materials sold by GAF Materials Corp. tend to warp, crack, and swell. The suits also allege that these materials develop mold, mildew, and fungus, resulting in discoloration. The actions include claims for violation of consumer protection laws, breach of warranty, and unjust enrichment. The Order covers six cases that originated in Colorado, Illinois, Indiana, Iowa, North
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Archives for Product Liability
Pennsylvania Supreme Court Declines to Adopt Restatement (Third) of Torts in Product Liability Cases
In a landmark decision, the Pennsylvania Supreme Court declined to adopt the Restatement (Third) of Torts in product liability cases. Jurisdictions that adopted the Third Restatement allow defendants to introduce evidence regarding the foreseeability of a product’s risks and require plaintiffs to establish that a safer alternative design was viable when the product was manufactured. In a 4-2 decision in the matter of Tincher v. OmegaFlex, the Court continued to apply the Second Restatement, which focuses upon the characteristics of the product and does not permit consideration of a manufacturer’s conduct or the feasibility of an alternative design. In support
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