Legal Opinion

Talarico v. Skyjack, Inc.

District Court, M.D. Pennsylvania

Decided June 13, 2016No. CIVIL ACTION NO. 3:16-0082PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM

MALACHY E. MANOTON, United States District Judge

Presently before the court in this products liability action is the partial motion to dismiss filed by defendant United Rentals (North America), Inc. (“United Rentals”) regarding plaintiffs claims for strict liability, negligence, and breach of warranty. (Doc. 16). United Rentals argues-that all of plaintiffs claims alleging that it failed to recall and retrofit a defective product should be dismissed since it had no such duty under Pennsylvania law. For the following reasons, the motion is GRANTED.

I. BACKGROUND

This is a strict…

2Cases cited19 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Conley v. GibsonSupreme Court of the United States · 1957
  3. Phillips v. County of AlleghenyCourt of Appeals for the Third Circuit · 2008
  4. Norman Grayson v. Mayview State Hospital Allegheny County Jail Camp Hill Prison United States of America, IntervenorCourt of Appeals for the Third Circuit · 2002
  5. Pension Benefit Guaranty Corporation v. White Consolidated Industries, Inc., C/o Ct Corporation Systems Registered AgentCourt of Appeals for the Third Circuit · 1993

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3Cited by2 opinions

  1. Commonwealth of Pennsylvania, acting by PA DEP v. Monsanto Co., Solutia Inc. and Pharmacia LLCCommonwealth Court of Pennsylvania · 2021
  2. Oudeom Vilayphunh v. AbbVie, Inc.District Court, E.D. Pennsylvania · 2026

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