Tincher v. Omega Flex, Inc. erased 36 years of product liability precedent and grafted into Pennsylvania product liability law the consumer expectation theory. The Pennsylvania Supreme Court, however, left to advocates and judges in future cases the responsibility for filling in the outlines of the new jurisprudence. Delivered by two of the most experienced and knowledgeable product liability trial lawyers in Pennsylvania with direct involvement in Tincher and other major product liability cases, this slide deck will provide a practical analysis of Tincher’s most salient points, what the opinion does and does not mandate going forward and how the new landscape impacts practitioners, defendants and their insurers. It will also provide practical tips for practitioners who must craft pleadings, arguments and jury instructions different than any previously seen in Pennsylvania cases.
Agenda
Faculty
C. Scott Toomey
Littleton Joyce Ughetta Park & Kelly LLP
William J. “Bill” Ricci, Esq.
- Partner in the law firm of Ricci, Tyrrell, Johnson & Grey, PLLC, is national, regional, lead trial and appellate counsel for major automotive, motorcycle, industrial, construction, aircraft, printing press, recreational and consumer product manufacturers in product liability and commercial cases
- Admitted to the Supreme Courts of Pennsylvania, New Jersey and New York; the United States District Courts for the Eastern and Middle Districts of Pennsylvania; the District Courts of New Jersey and the Southern District of New York
- Defended many high profile cases, both trials and appeals, before juries in state and federal courts throughout the United States and the U.S. Virgin Islands. He has tried cases to verdict in 27 jurisdictions nationwide. He has been actively involved in all phases of design development of many industrial and construction equipment and consumer products. He has served as an expert witness is numerous professional liability cases
- Adjunct professor in the Temple University School of Law Masters in Trial Advocacy Program and lectures frequently on product liability law, trial tactics, litigation management and in various CLE programs and seminars. He has numerous publications in his areas of practice
- Active member of many bar and client-related industry associations, including: The American, Pennsylvania, New Jersey, New York State and Philadelphia Bar Associations; the Product Liability Advisory Council; the Federation of Defense and Corporate Council; the American Board of Trial Advocates; the Pennsylvania Defense Institute (member of the Board of Directors and co-chair of the Products Liability Committee); the Philadelphia Association of Defense Counsel (former Executive Committee member); the Lawyers Committee of the Industrial Truck Association
- Designated a Pennsylvania Super Lawyer for each of the years 2003-2014 and ranked in the top 100 lawyers in Pennsylvania and Philadelphia, for the years 2009 - 2014. In the ALM publication, Philadelphia’s Best Lawyers 2011 Edition, William J. Ricci was named the Best Products Liability Lawyer of the Philadelphia Area. This award is nominated and voted on by peers. The attorneys listed as part of "The Philadelphia Best" are only the attorneys listed in "The Best Lawyers in America" survey, also published by ALM. In addition, William J. Ricci was also nominated by his peers to the "International who’s Who of Product Liability Defense Lawyers 2008 – 2014
- Recipient of the 2005 GEM Award, an honor bestowed by the Saint Joseph’s University Law Alumni Chapter upon an alumnus who epitomizes Jesuit values of excellence
- Member of the Board of Directors of Renovating Hope, an organization which rebuilds and furnishes homes to Veterans of the U.S. Military returning from active duty. He has entertained U.S. troops abroad in Diego Garcia
- J.D. degree, Temple University School of Law, where he served as research editor of the Temple Law Review; B.A. degree in history, magna cum laude, St. Joseph’s University
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