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Case Citations July 2015 through February 2016 [1] (2015-2016)

handle is hein.ali/alitorts0009 and id is 1 raw text is: TORTS 3D: LIABILITY FOR ECONOMIC HARM The Restatement Third of Torts: Liability for Economic Harm is still in draft form. Citations below are to Tentative Drafts. CHAPTER 1. UNINTENTIONAL INFLICTION OF ECONOMIC LOSS § 3. Preclusion of Tort Liability Arising from Contract (Economic Loss Rule) C.A.4, 2015. Quot. in ftn. (quoting § 3 of T.D. No. 1, 2012). Property owner brought an action against contractor that built houses on owner's land, alleging that defendant negligently performed work under the parties' contracts, which caused, among other things, the failure of a fill slope and the appearance of cracks in foundation walls. After a bench trial, the district court awarded plaintiff damages on the breach-of-contract claim but rejected plaintiff's negligence claim. This court affirmed, holding that the gist of the action doctrine barred the negligence claim because the negligence tort was not independent of the existence of the contract. In pointing out that a tort claim had to rest on a noncontractual duty, the court cited Restatement Third of Torts: Liability for Economic Harm § 3 (T.D. No. 1, 2012) for the general rule that there was no liability in tort for economic loss caused by negligence in the performance or negotiation of a contract. Dan Ryan Builders, Inc. v. Crystal Ridge Development, Inc., 783 F.3d 976, 981. D.Idaho, 2014. Com. (b) cit. in sup. (citing com. (b) of T.D. No. 1, 2012). Contractor that was hired to build a manufacturing plant for a corporation brought, inter alia, a negligence action against corporation's surety, after the funds to construct the plant ran out before the project was completed and before plaintiff was paid for its work, alleging that defendant misrepresented that it would fund the project through completion. This court granted defendant's motion to dismiss, holding that plaintiff's claim was barred by the economic-loss doctrine. Citing Restatement Third of Torts: Liability for Economic Harm § 3 (T.D. No. 1, 2012), the court explained that negligence and breach-of-contract claims were two distinct theories of recovery, and rejected plaintiff's argument that the economic-loss doctrine did not bar its negligence claim, reasoning that the allegations did not justify imposing a duty on defendant based on a special relationship between the parties. JH Kelly, LLC v. Tianwei New Energy Holdings Co., Ltd., 68 F.Supp.3d 1194, 1200. S.D.Tex.Bkrtcy.Ct.2015. Quot. in sup. (quoting § 3 of T.D. No. 1, 2012). Chapter 13 debtors brought an adversary proceeding against, among others, mortgagee, alleging that defendant breached a duty owed to them by demanding payments for an amount not owed. This court denied in part defendant's motion to dismiss, holding that plaintiffs' negligent-misrepresentation claims were not barred by the economic-loss doctrine. Citing Restatement Third of Torts: Liability for Economic Harm § 3 (T.D. No. 1, 2012), the court explained that the economic-loss doctrine barred claims for economic losses if the claims were more appropriately addressed through a breach-of-contract action, but determined that, 'A L I For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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