From time to time, I’ve reported on important new decisions from around the country on the scope of the economic loss rule, see here, and here, and here. Last month, the Arizona Court of Appeals gave the defense bar an important new precedent, extending the economic loss rule to service contracts. First, to review: economic losses are … Continue Reading
In the first three weeks of November, we’ve already seen two major decisions on the economic loss rule from two state Supreme Courts. The economic loss rule provides in most states that a plaintiff cannot sue in tort for disappointed commercial expectations, regardless of whether he had a contractual agreement with the defendants. On November 4, a … Continue Reading
In late March, I blogged on an important new case from the Tenth Circuit reaffirming the economic loss rule. Last week, the Indiana Supreme Court handed down a major decision in a construction case, reaffirming this important principle of business law. According to the economic loss rule, where a plaintiff has suffered merely economic loss – … Continue Reading
In law school, it seemed simple enough: business relationships were generally governed by contract and warranty, and tort was reserved for conduct that hurt people or damaged property. But in practice, the line is constantly shifting: the plaintiffs’ bar – often aided by state legislatures – tries to turn routine business disputes into torts, while the … Continue Reading
