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Pennsylvania State Court Decisions
1. Civil Litigation
1.1. Causes of Action - Learned Intermediary
► Superior Court of Pennsylvania
♦ Lineberger v. Wyeth
2006 PA Super 35 (February 23, 2006)
Holding: In a pharmaceutical liability claim against a drug manufacturer, in order to avoid having the claim barred by the learned intermediary doctrine, the plaintiff must prove that the prescribing physician would not have prescribed the drug had the manufacturer provided a different.
1.2. Evidence - Intoxication
► Commonwealth Court of Pennsylvania
♦ Lock v. City of Philadelphia
No. 1637 C.D. 2005 (March 27, 2006)
Holding: When recklessness or carelessness is at issue,
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REPORTING DECISIONS THROUGH FEBRUARY 3, 2006
PENNSYLVANIA STATE COURT DECISIONS
1. CAUSES OF ACTION
1.1. Civil Remedies For Violations of State Constitutional Rights
► Commonwealth Court of Pennsylvania ♦ Jones v. City
of Philadelphia No. 795 C.D. 2004 (January 25, 2006)
Holding: A city or other local government is not liable for
monetary damages under Article I, Section 8 of the Pennsylvania
Constitution for a claim of excessive force. Of note is the en
banc Court's finding that the plaintiff failed to show that his
rights against governmental use of excessive force were not
sufficiently protected by the Fourth Amendment. Judge
Smith-Ribner filed a dissenting opinion, in which she was joined
by Judge
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