Economic Loss Doctrine

BP Unable To Block Oil Spill Claim Payments

by John Schifino | Burr & Forman on 4/29/2013

On March 15, 2013, BP asked United States District Court Judge Carl Barbier, Jr. to block the Deepwater Horizon claims administrator from awarding “business economic losses” that BP contends are “fictitious” claims for...more

Landmark Florida Supreme Court Decision: Florida’s Economic Loss Rule

by Neha Dagley | Schecter Law on 4/29/2013

In Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc., the Florida Supreme Court held, in a five-to-two decision, that the economic loss rule is limited to products liability cases. Tiara Condominium...more

Argentina: Then, Now and Next?

by Susan M. Schmidt | Manatt, Phelps & Phillips, LLP on 4/16/2013

Flash back ten years, and Argentina enjoyed an average annual growth of 9%, was the strongest economy in Latin America and considered an impending rival to the up-and-coming BRIC countries. Over the ensuing years, as...more

Eleventh Circuit Holds Mental Anguish Claim Not Bodily Injury

by Traub Lieberman Straus & Shrewsberry LLP on 4/12/2013

In its recent decision in N.H. Ins. Co. v. Hill, 2013 U.S. App. LEXIS 7204 (11th Cir. Apr. 10, 2013), the United States Court of Appeals for the Eleventh Circuit, applying Florida law, had occasion to consider whether an...more

Drowning in a Sea of Tort: The Florida Supreme Court Reels in the Economic Loss Rule

by April Boyer, Stephanie Moot | K&L Gates LLP on 4/10/2013

On March 7, 2013, the Florida Supreme Court in Tiara Condominium Assoc., Inc. v. Marsh & McLennan Companies, Inc. expressly limited the application of the economic loss rule to products liability cases. 2013 WL 828003 (Fla....more

Supreme Court of Florida Holds That Economic Loss Doctrine Applies Only to Product Liability Cases

by Alison Finnegan, Gordon S. Woodward | Schnader Harrison Segal & Lewis LLP on 4/4/2013

In a recent decision likely to significantly expand the use of tort law in areas previously restricted to contract law, the Supreme Court of Florida limited application of the economic loss doctrine to product liability...more

Construction E-Note - March 28, 2013

by Edward Brown, Nancy Carey, C. William Daniels, Jr., James McCarten, Anton Mertens, Bruce Rawls, Anna Scully, Peter C. Vilmos | Burr & Forman on 3/29/2013

In This Issue: - The Emperor’s New Economic Loss Rule - The Architect's Role in the Construction Project - USCIS Introduces New Form I-9 - Considering Construction Delivery Methods on Public Works - The...more

Burr Alert: The Emperor’s New Economic Loss Rule

by Peter C. Vilmos | Burr & Forman on 3/28/2013

For years, litigating breach of contract cases in Florida meant having to struggle with the array of cases dealing with the Economic Loss Rule. In its simplest form, the Economic Loss Rule is a judicially created principle...more

Business Litigation Update: Suddenly, Contracting Parties Face Tort Risks in Florida

by Fuerst Ittleman David & Joseph, PL on 3/19/2013

A recent Florida Supreme Court ruling could open the door to unforeseen liabilities for individuals and companies entering into contracts governed by Florida law....more

Florida High Court Narrows Application of Economic Loss Rule to Product Liability Actions

by Robert Weill | Sedgwick LLP on 3/13/2013

In a dramatic reversal of established precedent, the Florida Supreme Court on March 7, 2013 held in a 5-2 decision that the economic loss rule only applies to product liability actions. Tiara Condo. Ass’n v. Marsh & McLennan...more

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

by Fuerst Ittleman David & Joseph, PL on 3/11/2013

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

by Adolfo Jimenez, Rodolfo Sorondo | Holland & Knight LLP on 3/8/2013

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

Design & Construction Practice: 2012 Year in Review

by Anatoly Darov, Timothy Famulare | Burns & Levinson LLP on 2/15/2013

It was another memorable year for the construction industry in Massachusetts. As the economic recovery continued to take hold, commercial construction market activity continued to stabilize and public projects remained a...more

Inside The Courts - December 2012

by Jay Kasner, Matthew Matule, Edward Micheletti, Peter Morrison, Charles Smith | Skadden, Arps, Slate, Meagher & Flom LLP on 1/7/2013

This issue of Inside the Courts, Skadden's securities litigation newsletter, includes summaries and associated court opinions of selected noteworthy cases principally decided from July to November 2012. This edition addresses...more

Toyota to Settle Accelerator Case for $1.4 Billion

by Michele Bowman | Lawyers.com on 1/4/2013

Toyota agreed on Dec. 26 to settle a class action accusing the auto maker of selling cars that are defective because they suddenly accelerate. The total settlement amount is a reportedly record-breaking $1.4 billion, and...more

Under Construction - December 2012

by Wade R. Budge, Stuart J. Einbinder, Richard G. Erickson, Joshua Grabel, Jennifer R. Phillips, Nora R. Pincus, Scott C. Sandberg, James J. Sienicki, Jeffrey M. Singletary, Nicole Sornsin | Snell & Wilmer L.L.P. on 12/31/2012

In This Issue: Letter from the Editor; Colorado Construction Law Developments in 2012; Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for...more

Patton Boggs Reinsurance Newsletter - December 2012: Texas Federal Court Finds for Managing Agent of Cedent Against Reinsurer

by Patton Boggs LLP on 12/22/2012

Lincoln Gen. Ins. Co. v. U.S. Auto Ins. Servs., Inc., No. 3:10-CV-2307-B, 2012 WL 3777408 (N.D. Tex. Aug. 30, 2012). A Texas federal court granted an underwriting agent’s motion for summary judgment in part in a...more

Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for...

by Joshua Grabel, Jennifer R. Phillips | Snell & Wilmer L.L.P. on 12/20/2012

On December 4, 2012, the Arizona Court of Appeals issued a decision in Sullivan v. Pulte Home Corporation that will have significant implications in the construction industry. The case revolved around a home built by Pulte in...more

Based On Economic Loss Rule and Consequential Damages Clause, Supreme Court Holds That Plaintiff Had No Tort Claim

by David Johnson | Winstead PC on 7/12/2012

In El Paso Marketing, L.P. v. Wolf Hollow I, L.P., the Texas Supreme Court decided that the economic loss rule and a consequential damages clause eliminated a power plant owner’s claim against a pipeline company for...more

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