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10 Pennsylvania opinions name it 5 courts 1997–2017 0 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Baldino v. Castagnagreen2 sentences2011Lance v. Wyeth, 4 A.3d 160, 164-65 (Pa.Super.2010) (citing Baldino v. Castagna, 505 Pa. 239 , 478 A.2d 807, 810 (1984)). 2011Lance v. Wyeth, 4 A.3d 160, 164-65 (Pa.Super.2010) (citing Baldino v. Castagna, 505 Pa. 239 , 478 A.2d 807, 810 (1984)). | 2 | 2 |
Hahn v. Richtergreen2 sentences2011Id. (citing Hahn v. Richter, 543 Pa. 558, 562 , 673 A.2d 888, 890-91 (1996)). . 2011Id. (citing Hahn v. Richter, 543 Pa. 558, 562 , 673 A.2d 888, 890-91 (1996)). . | 1 | 2 |
Toth v. Economy Forms Corp.green1 sentence2017Forms Corp., 571 A.2d 420, 423 (Pa. Super. 1990) (noting that a company that did not manufacture or supply the product is not liable under a failure to warn claim). - 12 - J-A29044-16 In their third claim, the Dolbys contend that under the malfunction theory,6 they have proven that the placement of the retreaded tire on the steering axle caused the tire to blow out. | 1 | 1 |
Lance v. Wyethgreen1 sentence2011Lance v. Wyeth, 4 A.3d 160, 164-65 (Pa.Super.2010) (citing Baldino v. Castagna, 505 Pa. 239 , 478 A.2d 807, 810 (1984)). | 1 | 1 |
Taurino v. Ellengreen2 sentences2005First adopted by the Supreme Court in Incollingo v. Ewing, 444 Pa. 263 , 282 A.2d 206 (1971), the learned intermediary doctrine provides that a “manufacturer of a prescription drug must direct warnings to the prescribing physician, but not to the patient.” Taurino v. Ellen, 397 Pa. Super. 50, 52 , 579 A.2d 925, 927 (1990). 2005First adopted by the Supreme Court in Incollingo v. Ewing, 444 Pa. 263 , 282 A.2d 206 (1971), the learned intermediary doctrine provides that a “manufacturer of a prescription drug must direct warnings to the prescribing physician, but not to the patient.” Taurino v. Ellen, 397 Pa. Super. 50, 52 , 579 A.2d 925, 927 (1990). | 1 | 1 |
Bingham v. Terminix Intern. Co., LPgreen2 sentences1997See, Bingham v. Terminix International Co., 896 F.Supp. 642 (S.D.Miss.1995) ("Bingham II") (claim for "design defect” preempted where plaintiff’s expert does not allege product is defective in composition or unreasonably dangerous, since such claim, without such allegations, is merely a failure to warn claim). 8 . 1997See, Bingham v. Terminix International Co., 896 F.Supp. 642 (S.D.Miss.1995) ("Bingham II") (claim for "design defect” preempted where plaintiff’s expert does not allege product is defective in composition or unreasonably dangerous, since such claim, without such allegations, is merely a failure to warn claim). 8 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Phillips v. A.P. Green Refractories Co.
green
2 sentences2017Green Refractories Co., [ 428 Pa.Super. 167 ] 630 A.2d 874 (Pa. Super. 1993), aff'd sub nom[.] Philips [Phillips] v. A-Best Prods. 2017Green Refractories Co., [ 428 Pa.Super. 167 ] 630 A.2d 874 (Pa. Super. 1993), aff'd sub nom[.] Philips [Phillips] v. A-Best Prods. | 1 | 2017–2017 |
Demmler v. SmithKline Beecham Corp.
green
1 sentence2010Demmler, 671 A.2d at 1155 . | 1 | 2010–2010 |
Sprenkel v. Consolidated Rail Corp.
green
1 sentence2006Sprenkel, 666 A.2d at 1102 . *593 The additional factor of the height of the train car is not a sufficient basis to distinguish the instant case from Yolton . | 1 | 2006–2006 |
Incollingo v. Ewing
green
1 sentence2005First adopted by the Supreme Court in Incollingo v. Ewing, 444 Pa. 263 , 282 A.2d 206 (1971), the learned intermediary doctrine provides that a “manufacturer of a prescription drug must direct warnings to the prescribing physician, but not to the patient.” Taurino v. Ellen, 397 Pa. Super. 50, 52 , 579 A.2d 925, 927 (1990). | 1 | 2005–2005 |
Incollingo v. EWING
green
1 sentence2005First adopted by the Supreme Court in Incollingo v. Ewing, 444 Pa. 263 , 282 A.2d 206 (1971), the learned intermediary doctrine provides that a “manufacturer of a prescription drug must direct warnings to the prescribing physician, but not to the patient.” Taurino v. Ellen, 397 Pa. Super. 50, 52 , 579 A.2d 925, 927 (1990). | 1 | 2005–2005 |
Harford Mutual Insurance v. Moorhead
green
1 sentence2005Harford, supra at 248 , 578 A.2d at 499 . | 1 | 2005–2005 |
Common Cause/Pennsylvania v. Commonwealth
green
1 sentence2003Coward, supra. See also Lonasco v. A-Best Products Co., 757 A.2d 367 (Pa.Super.2000) (heeding presumption applied, and was not rebutted by defendant asbestos manufacturer). | 1 | 2003–2003 |
Coward v. Owens-Corning Fiberglas Corp.
green
1 sentence2003Coward, supra. See also Lonasco v. A-Best Products Co., 757 A.2d 367 (Pa.Super.2000) (heeding presumption applied, and was not rebutted by defendant asbestos manufacturer). | 1 | 2003–2003 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.