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3rd Circle Urged to allow ammunition manufacturer’s tort claims

By Rae Ann Varona (June 27, 2022, 8:06 p.m. EDT) — Munitions broker Battle Born Munitions Inc. has asked the Third Circuit to overturn a lower court’s finding that it cannot sue for liability tort against its supplier Dick’s Sporting Goods Inc., saying that Dick’s knew it would not accept delivery of store brand balls when it said so.

Battle Born Munitions said in its appeal that the Pennsylvania District Court erred in finding that the state’s “substantiality” doctrine barred tort claims like Battle Born Munitions’. . Under the doctrine, a contracting party’s actions are considered a tort only if the party’s conduct violates a “wider social obligation owed to…

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