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Economic Loss Doctrine Breach of Contract

Holland & Knight LLP

Commercial Parties, Transactional Lawyers and Litigators Beware: California Law Has Changed

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California law has changed. The change now makes it easier for California litigants to sue their opponents for fraudulently breaching a contract. Lawyers who negotiate and draft agreements subject to California law should...more

Adams and Reese LLP

Tennessee Supreme Court Rules Economic Loss Doctrine Only Applies to Products Liability Cases; Reverses Appeals Court’s Expansion

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The Tennessee Supreme Court recently issued an important decision making clear that in a breach of contract dispute, the aggrieved party may recover more in damages than the parties’ contract permits, such as punitive,...more

Bradley Arant Boult Cummings LLP

Willful or Wanton Conduct Not Enough to Overcome Economic Loss Rule Says Colorado Court

n Mid-Century Insurance Co., v. HIVE Construction, Inc., a Colorado court of appeals recently reversed the decision of a lower court that had refused to apply the economic loss rule to a negligence claim alleging wanton or...more

Zuckerman Spaeder LLP

Sentencing in Government Contracting Fraud Cases When There is No Actual or Intended Loss

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In government contracting fraud cases with no actual or intended loss, defense attorneys should be on the lookout for prosecution attempts to invoke the “government benefits rule” to estimate “total gain” as an alternative...more

Saiber LLC

The Saiber Construction Law Column: September 2022

Saiber LLC on

In New Jersey, the “economic-loss doctrine” bars tort claims when the plaintiff’s only damages are economic in nature because, when parties enter into a contractual relationship, a contractual remedy flows from contract, not...more

Troutman Pepper

Fraud as an Exception to the Economic Loss Doctrine: Changing Trends in Colorado and Tennessee

Troutman Pepper on

The Economic Loss Doctrine and its various analogues (e.g., the Independent Duty Rule and the Gist of the Action Doctrine) vary in form and application, but each is a judge-made rule serving one principle: If a party seeks...more

Bass, Berry & Sims PLC

Tennessee Court Extends Economic Loss Doctrine to Construction Claims

Bass, Berry & Sims PLC on

The Tennessee Court of Appeals recently issued an opinion extending application of the economic loss doctrine to certain construction claims. Among other things, the economic loss doctrine prevents a party from recovering on...more

Ward and Smith, P.A.

The Application of North Carolina's Economic Loss Rule to Commercial Construction Projects

Ward and Smith, P.A. on

This article addresses recent developments in North Carolina law regarding the economic loss rule, explores the application of the economic loss rule to commercial construction projects in light of those developments, and...more

Snell & Wilmer

Utah Courts Expand the Reach of the Economic Loss Rule in Construction Disputes

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Utah courts continue to strengthen both the common law and statutory economic loss rule by limiting what duties are independent of those in a typical buyer/seller contractual relationship and thus limiting the common law...more

Bradley Arant Boult Cummings LLP

North Carolina Muddies the Water on the Economic Loss Doctrine

A pair of recent rulings involving the economic loss doctrine from North Carolina serve as a timely reminder to carefully consider the extent of contractual remedies in negotiation of construction agreements – lest a later...more

McGlinchey Stafford

Does An “As-Is” Clause In My Contract Preclude A Claim For Breach Of An Express Warranty? - The Bullet Point: An Ohio Commercial...

McGlinchey Stafford on

Easement by estoppel- DeepRock Disposal Solutions, LLC v. Forté Prods., LLC, 4th Dist. Washington No. 20CA15, 2021-Ohio-1436- In this appeal, the Fourth Appellate District affirmed as modified the trial court’s...more

McGlinchey Stafford

Am I Entitled To Specific Performance?

McGlinchey Stafford on

Specific Performance Jad Rentals of Youngstown, LLC v. Cox, 7th Dist. Mahoning No. 19 MA 0096, 2021-Ohio-304- In this appeal, the Seventh Appellate District affirmed the trial court’s decision, agreeing that the buyer...more

Womble Bond Dickinson

Even Breach of Fiduciary Duty Claim May Be Barred By the Economic Loss Rule

Womble Bond Dickinson on

While one party may owe a fiduciary duty to another outside of their contract, the Business Court will nonetheless examine the damages the plaintiff seeks from each and every claim. Perry v. Frigi-Temp Frigeration, Inc., 2020...more

Morris James LLP

CCLD Bars Tort Claims Overlapping with Contract Claims under Economic Loss Doctrine

Morris James LLP on

GEA Sys. N. Am. LLC v. Golden State Foods Corp., C.A. No. N18C-11-242 EMD CCLD (Del. Super. Ct. June 8, 2020) - This case illustrates the extent to which the economic loss doctrine bars tort claims arising out of the same...more

Bass, Berry & Sims PLC

Chris Lazarini Outlines Considerations in Claims of Economic Loss Rule

Bass, Berry & Sims attorney Chris Lazarini outlined a case exploring the economic loss rule. The court found that a party suffering only an economic loss from the breach of an express or implied contractual duty may not...more

Downs Rachlin Martin PLLC

Vermont Supreme Court Recognizes Exception to the Economic Loss Rule

Sutton v. Vermont Regional Center, 2019 VT 71 (Oct. 14, 2019) - Despite its longstanding reputation as liberal and sympathetic to plaintiffs, the Vermont Supreme Court has for a very long time strictly enforced the...more

White and Williams LLP

Virginia Molds Tort Versus Contract Law in New Home Construction Case

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Often times, both contract and tort claims co-exist in a subrogation matter and the line between the two can be blurred. This is especially true in the context of damages resulting from new home construction defect claims....more

Troutman Pepper

North Carolina Federal District Court Dismisses Tort Claims Based on Same Duty and Breach Alleged in Plaintiff’s Contract Claims

Troutman Pepper on

Precision Hydraulic Cylinders, Inc. v. Manufacturing. Technology, Inc., No. 7:18-CV-203-FL, 2019 BL 344743, 2019 U.S. Dist. LEXIS 156670 (E.D.N.C. Sept. 13, 2019) - Precision Hydraulic Cylinders, Inc. (“Precision”) issued...more

Saul Ewing LLP

Utah Appellate Court: Homeowners’ Claim for Defective Construction Against Geotechnical Engineer Dismissed Due to Lack of Contract...

Saul Ewing LLP on

A recent Utah Appellate Court upheld the dismissal of a homeowners' claims against a geotechnical engineer because the homeowners did not have a contract with the geotechnical engineer and therefore their claims were barred...more

Brownstein Hyatt Farber Schreck

Colorado Supreme Court Revisits Economic Loss Rule

The Colorado Supreme Court has issued a number of opinions over the last several years clarifying the scope of the economic loss rule. On May 7, 2019, the court revisited the economic loss rule in Bermel v. BlueRadios, Inc.,...more

Ward and Smith, P.A.

The Economic Loss Rule and Why It Matters in Construction Litigation

Ward and Smith, P.A. on

In its broadest sense, the "economic loss rule" prohibits recovery in tort for purely economic loss incurred under contract law. The Merriam-Webster Dictionary online defines tort as "a wrongful act other than breach of...more

Carlton Fields

Life Insurer’s Early Dispositive Motion Achieves Narrowed Fraud Claim in COI Suit

Carlton Fields on

A recent decision by a federal district court in Maryland further illustrates the elusive nature of early dismissal of claims in far-reaching suits challenging the cost of insurance rate increases – even when some success is...more

White and Williams LLP

Wisconsin Court of Appeals Holds Economic Loss Doctrine Applies to Damage to Other Property If It Was a Foreseeable Result of...

White and Williams LLP on

In Kmart Corp. v. Herzog Roofing, Inc., 2018 Wisc. App. Lexis 842, the Court of Appeals of Wisconsin considered whether the economic loss doctrine barred the plaintiff’s negligence claims against the defendant roofer for...more

Holland & Knight LLP

Whether the “Economic Loss Rule” Applies To DTSA Claims

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A trade secret misappropriation claim can arise from the same facts as, and be joined with, a claim for breach of contract by the defendant, such as a breach of a covenant not to compete or breach of a non-disclosure...more

Fenwick & West LLP

Appellate Court Affirms Dismissal of Former Employee's Data Breach Claims

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The U.S. Court of Appeals for the Third Circuit has found that plaintiffs must show a causal connection between the theft of their personal information and the purported harm that they have suffered in order to survive a...more

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