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Case Citations [1] (July 2019 - April 2020)

handle is hein.ali/alitorts0018 and id is 1 raw text is: TORTS 3D: LIABILITY FOR ECONOMIC HARM Generally Cal.App.2019. Cit. generally in sup., cit. generally in cases cit. in disc. (citing T.D. No. 1, 2012; see Official Text). Mortgagor brought a lawsuit against mortgagee, alleging, inter alia, that defendant negligently reviewed his applications for loan modification in a manner that misled him and resulted in him losing his house. The trial court entered judgment for defendant. This court affirmed, holding that, under Restatement Third of Torts: Liability for Economic Harm, defendant owed no duty towards plaintiff during their loan-modification negotiations. The court noted that a substantial number of other jurisdictions had also followed the Restatement's approach. Sheen v. Wells Fargo Bank, N.A., 250 Cal.Rptr.3d 677, 678, 682, 683, 685. CHAPTER 1. UNINTENTIONAL INFLICTION OF ECONOMIC LOSS § 1. Liability for the Unintentional Infliction of Economic Loss: General Principles Cal.2019. Cit. and quot. in disc.; com. (c) cit. and quot. in disc.; com. (d) cit. in disc. (citing and quoting § 1 and coms. (c) and (d) to § 1 of T.D. No. 1, 2012, which is now § 1 and coms. (c) and (d) to § 1 of the Official Text). Community businesses brought a lawsuit against natural-gas company, alleging that a months-long gas leak on defendant's property substantially damaged plaintiffs' revenue by driving away local residents. The trial court overruled defendant's demurrer. The court of appeals reversed. This court affirmed, holding that defendant did not owe a duty to protect plaintiffs from purely economic harms. The court explained that, according to Restatement Third of Torts: Liability for Economic Harm § 1, there was no general duty to avoid unintentional infliction of economic losses on others, because such losses were not self-limiting and were out of proportion to a defendant's liability, such that the duty to protect against such losses tended to pressure defendants into avoiding activities altogether. The court further explained that it would only impose such a duty if such concerns were weak or absent. Southern California Gas Leak Cases, 441 P.3d 881, 889, 891, 892. Cal.App.2019. Quot. in case quot. in disc. (quoting § 1 of T.D. No. 1, 2012, which is now § 1 of the Official Text). Mortgagor brought a lawsuit against mortgagee, alleging, inter alia, that defendant negligently reviewed his applications for loan modification in a manner that misled him and resulted in him losing his house. The trial court entered judgment for defendant. This court affirmed, holding that defendant was not liable for plaintiff's injuries under Restatement Third of Torts: Liability for Economic Harm § 1, because the parties owed no duty to each other for economic losses arising from negligent loan-modification negotiations. Sheen v. Wells Fargo Bank, N.A., 250 Cal.Rptr.3d 677, 684. § 3. Preclusion of Tort Liability Arising from Contract (Economic-Loss Rule) W.D.Tex.2019. Quot. in case quot. in disc. (general cite) (quoting § 3 of T.D. No. 1, 2012, which is now § 3 of the Official Text). Mining company brought a breach-of-contract action against, among others, frac-sand supplier and supplier's principal; defendants filed a negligent-misrepresentation counterclaim, COPYRIGHT 02020 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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