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Case Citations [i] (July 2016 through April 2017)

handle is hein.ali/alitorts0011 and id is 1 raw text is: 





  TORTS 3D: LIABILITY FOR ECONOMIC HARM





             CHAPTER 1. UNINTENTIONAL INFLICTION OF ECONOMIC HARM

  § 1. Liability for the Unintentional Infliction of Economic Loss: General Principles

  D.Kan.2015. Cit. in disc., corn. (b) quot. in sup. (citing § 1 of T.D. No. 1, 2012). In multidistrict
  litigation, corn producers, corn sellers, and milo producers brought various claims against developer of
  genetically modified crop seeds, after genetic traits from defendant's products infiltrated the general
  domestic corn supply, causing China to temporarily reject all corn from the United States with those
  traits and causing a decrease in corn prices in the United States. This court denied in part defendant's
  motion to dismiss, holding that it was not clear that plaintiffs' claims were barred by the stranger
  economic-loss doctrine. The court noted that the Restatement Third of Torts: Liability for Economic
  Harm  appeared to have adopted both the economic-loss doctrine and the stranger economic-loss
  doctrine. In re Syngenta AG MIR 162 Corn Litigation, 131 F.Supp.3d 1177, 1195.

  N.M.App.2015.  Subsec. (a) quot. in sup., com. (a) quot. in sup. and in ftn. (quoting § 1 of T.D. No. 1,
  2012). After contractor's employees were injured while performing repair work at a cabinet-
  manufacturing facility, contractor brought claims sounding in strict liability and negligence against,
  among  others, owner of the facility, seeking to recover increased workers' compensation premiums,
  sums paid to reduce its insurance rating or modifier, and lost income and future income resulting from
  its now deficient safety record. The trial court granted defendant's motion to dismiss. Affirming, this
  court held that dismissal was appropriate because plaintiff itself suffered no physical injury or property
  damage. The court cited Restatement Third of Torts: Liability for Economic Harm § 1 in explaining that
  a plaintiff who suffered only economic losses as a result of a defendant's negligence in injuring a third
  party was not entitled to recover from the defendant even if the plaintiff s losses were foreseeable.
  National Roofing, Inc., v. Alstate Steel, Inc., 366 P.3d 276, 278, 281.

  § 3. Preclusion of Tort Liability Arising from Contract (Economic Loss Rule)

  C.A.5, 2016. Coin. (b) cit. and quot. in sup. (citing § 3 of T.D. No. 1, 2012). Jewelry store owners
  brought a negligence claim, inter alia, against company that installed and maintained an alarm system at
  the store, alleging that defendant breached a duty to plaintiffs when the alarm malfunctioned during a
  burglary and one of the store owners suffered physical injuries. The district court granted defendant's
  motion to dismiss. This court reversed and remanded. Citing Restatement Third of Torts: Liability for
  Economic  Harm  § 3 (T.D. No. 1, 2012), the court held that, despite the existence of a contract between
  the parties, the economic-loss rule did not apply in situations such as this one, where the injury involved
  physical harm and was not purely economic. Shakeri v. ADT Sec. Services, Inc., 816 F.3d 283, 293.

  N.M.App.2015.  Cit. in ftn. (citing § 3 of T.D. No. 1, 2012). After contractor's employees were injured
  while performing repair work at a cabinet-manufacturing facility, contractor brought claims sounding in
  strict liability and negligence against, among others, owner of the facility, seeking to recover increased
  workers' compensation premiums, sums paid to reduce its insurance rating or modifier, and lost income



A  ywm       For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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