News & Analysis as of

Economic Loss Doctrine Breach of Contract Damages

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

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

Womble Bond Dickinson

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

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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

Fox Rothschild LLP

The Fall Of The Economic Loss Rule And Rise Of The Independent Tort Doctrine

Fox Rothschild LLP on

In Florida, the economic loss rule previously prevented parties who allocated their risks and remedies in a contract from bringing a tort action. For many years, the economic loss rule only applied in two circumstances: ...more

Carlton Fields

Florida’s Supreme Court Limits The Economic Loss Rule

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

K&L Gates LLP

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

K&L Gates LLP on

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

Burr & Forman

Burr Alert: The Emperor’s New Economic Loss Rule

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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

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