General Business Products Liability Civil Remedies

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.
News & Analysis as of

LITIGATION ALERT: Texas Supreme Court Limits the Application of the Economic Loss Rule

In Texas, the economic loss rule has been applied by courts to prevent a plaintiff from recovering purely economic losses in a negligence or strict liability action. In products liability cases, when a loss results from the...more

Does the Economic-Loss Rule Bar Claims Under Section 75-1.1?

The economic-loss rule says that a contract dispute generally does not state a tort claim. The concern is that if a plaintiff could recover tort damages, that outcome would disregard the expectations reflected in the parties’...more

Beware of Defendants Who Attempt to Push the Boundaries of the Economic Loss Rule (Texas)

In most jurisdictions today, to recover under a strict products liability theory, the Plaintiff must prove that a defect in the subject product was a producing cause of the Plaintiff’s damages. More importantly, in order to...more

Indiana: New Home Warranties Must Be Insured

When faced with a subrogation loss involving a new or fairly new house, and a potential construction defect that caused the loss, one of the first things to look for is how warranties can help or hurt your case. Did the...more

Despite Often Presumed Limitations, Policyholders May Have General Liability Coverage for Supply Chain-Related Breaches of...

The Eighth Circuit recently confirmed that the all-too-common conceptions that breaches of contract and damages that result in recall are never covered by general liability insurance are, in fact, misconceptions. In...more

Class Action Regarding Whirlpool Washing Machines Dismissed but Possibility for Future Claims for Economic Loss for “Shoddy”...

In Arora v. Whirlpool Canada LP, 2013 ONCA 657, the Ontario Court of Appeal upheld Justice Perell’s decision to deny certification for a proposed class action alleging pure economic loss. (Justice Perell’s decision is...more

Product Liability Update -- October 1, 2013

In This Issue: ..Massachusetts Supreme Judicial Court (Finally) Enforces Agreement for Individualized Arbitration of Unfair and Deceptive Practices Claims Following United States Supreme Court Decision Reversing...more

Florida Appeals Court Holds “Your Product” Exclusion Bars Does Not Apply to Altered Products Not Transformed Into “New Products”

On September 4, 2013, a Florida appellate court reversed, in part, a final summary judgment ruling that Liberty Mutual has to pay its insured, MI Windows and Doors, Inc. for the $3.4 million that MI paid to settle several...more

Court of Appeals Reaffirms Class Certification after Supreme Court Remand

The U.S. Court of Appeals for the Seventh Circuit last week reaffirmed its prior decision in favor of class certification in a breach of warranty case involving washing machines....more

Florida Supreme Court Eliminates The Contractual Economic Loss Rule

Contracts are an integral part of every company’s daily life. ...more

6th Circuit Reaffirms Class Certification in Whirlpool II

his installment of the Hoosier Litigation Blog revisits the Supreme Court decision in Comcast Corp. v. Behrend in light of the 6th Circuits recertification of the class in Whirlpool II....more

Florida’s Supreme Court Limits The Economic Loss Rule

The Florida Supreme Court recently limited the application of the economic loss rule to products liability cases....more

Kaiser Opinion May Affect Ability to Stack Policies issued by Single Carrier

Policyholders should continue to assert that limits can be stacked in situations where there is continuing damage, despite the California Court of Appeals’ latest decision in Kaiser Cement & Gypsum Corp. v. Insurance Company...more

California Court Addresses Horizontal Exhaustion Requirement

In the recent decision Kaiser Cement & Gypsum Corp. v. Insurance Company of the State of Pennsylvania 2013 Cal. App. LEXIS 269 (2nd Dist. April 8, 2013), the California Court of Appeal considered whether horizontal or...more

Economic Loss Rule Now Applies Only in the Products Liability Context

Upon emphasizing and reaffirming its concern with the over-expansion of the economic loss rule, the Supreme Court of Florida recently rendered a decision in Tiara Condominium Ass’n, Inc. v. Marsh & McLennan Co., Inc....more

Economic Loss Rule Now Applies Only in the Products Liability Context

Upon emphasizing and reaffirming its concern with the over-expansion of the economic loss rule, the Supreme Court of Florida recently rendered a decision in Tiara Condominium Ass’n, Inc. v. Marsh & McLennan Co., Inc....more

Business Litigation Update: The Economic Loss Rule Exiled to its Humble Beginnings

Florida’s “economic loss doctrine” (or, the “Rule”), which bars recovery in tort where a contract exists between the parties, is one of Florida’s most hotly contested legal doctrines. The doctrine appears to be fluid,...more

Florida Supreme Court Limits Application of the Economic Loss Rule to Product Liability Cases

Earlier today, the Florida Supreme Court published an important decision in Tiara Condominium Association, Inc., etc. v. Marsh & McLennan Companies, Inc., et al., No. SC10-1022 (March 7, 2013). The case was before the court...more

Spilled Milk: District Court Judge Sides with Policyholder in Recall Damages Dispute

On January 8, 2013, a Minnesota federal district court granted summary judgment in favor of a policyholder who sought coverage from its commercial general liability insurer for contract damages stemming from the recall of...more

Product Liability Advisory - December 2012: Product Manufacturers and the Importance of Understanding Personal and Advertising...

In product liability actions, claims against manufacturers often involve bodily injury or property damage. But manufacturers can also be exposed to “personal and advertising” injuries, which don’t involve property damage but...more

Federal Court Ruling Validates Industry Concerns with CPSC Database

The Consumer Product Safety Commission’s (“CPSC”) product safety database suffered its first successful legal challenge in a recent ruling by a Maryland federal judge. U.S. District Judge Alexander Williams Jr.’s opinion in...more

Product Liability Risk In Licensing Trademarks With Technology

A Connecticut Superior Court judge has upheld a jury verdict that once again demonstrates the product liability risks faced by trademark licensors, particularly those who license technology as well as their marks. In Hannibal...more

An Individualized Motor Vehicle Recall Information Database? Will OEMs and Suppliers Get the Bill?

An Overview of Proposed Amendments to Defect Notification and Early Warning Reporting Regulations Tucked away in the recently enacted 584 page "Moving Ahead for Progress in the 21st Century Act" is a small provision...more

Court Hands Insurers Win in Food Fight Over E. Coli Claims

In Republic Underwriters Ins. Co. v. Moore, 2012 WL 2948177 (10th Cir. (Okla.) July 20, 2012), the U.S. Court of Appeals for the 10th Circuit, applying Oklahoma law, sided with a restaurant’s insurers and held that multiple...more

Hot Stuff and Little Lady: Two Food Recall Insurance Coverage Cases with Two Different Outcomes

A U.S. district judge in South Dakota has recently interpreted a provision of an accidental product contamination insurance policy in favor of the policyholder, finding that a recall resulting from the failure to include...more

52 Results
|
View per page
Page: of 3

Follow General Business Updates on: