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Case Citations [1] (July 2020 - August 2021)

handle is hein.ali/alitorts9921 and id is 1 raw text is: TORTS 3D: LIABILITY FOR ECONOMIC HARM CHAPTER 1. UNINTENTIONAL INFLICTION OF ECONOMIC LOSS § 1. Liability for the Unintentional Infliction of Economic Loss: General Principles S.D.W.Va.2020. Com. (c) quot. in sup. Towns and cities filed a putative class action against non-profit organizations that accredited and certified healthcare organizations, alleging that defendants negligently collaborated with pharmaceutical companies to issue faulty pain-management standards that grossly misrepresented the addictiveness of opioids and facilitated the national opioid crisis. This court granted defendants' motion to dismiss, holding that plaintiffs failed to state a claim for negligence under state law. The court explained that plaintiffs failed to allege that they suffered non-economic damages, as defined by Restatement Third of Torts: Liability for Economic Harm § 1, Comment c, because the damages they sought, such as loss of tax revenue due to increases in crime and diminishment in local property values, pollution due to discarded drug paraphernalia, and deterioration of neighborhoods, amounted to attempts to recoup costs incurred as a result of opioid addiction and thus were solely economic in nature. City of Charleston, West Virginia v. Joint Commission, 473 F.Supp.3d 596, 616. § 3. Preclusion of Tort Liability Arising from Contract (Economic-Loss Rule) C.A.10, 2021. Cit. in sup.; com. (g) cit. in sup. Mortgagor sued bank and loan servicer, alleging that loan servicer negligently misrepresented to plaintiff that it would modify her mortgage if she abstained from making monthly payments, resulting foreclosure due to delinquent payments when she stopped making the payments. The district court granted defendants' motion for summary judgment. This court affirmed, holding that plaintiff's claims failed as a matter of law, because her claims sounded in tort. The court explained that the economic-loss rule under Restatement Third of Torts: Liability for Economic Harm § 3 barred plaintiff's recovery for solely economic losses as a result of defendants' purportedly tortious actions, and she failed to show that defendants breached an independent legal duty outside the parties' loan agreement that gave rise to a tort claim or that she suffered any other form of harm to her body or her property. Mayotte v. U.S. Bank National Association as Trustee for Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series 2006-4, 985 F.3d 1248, 1250. C.A.10, 2021. Com. (b) quot. in sup.; com. (c) cit. in sup. After a refinery caught fire and exploded when its control valve fractured and released flammable hydrogen gas, owner of the refinery filed negligence claims against, among others, contractors that performed construction and engineering work at the refinery. The district court granted summary judgment for contractors on owner's negligence claims. This court affirmed, holding that owner's negligence claims failed under Wyoming law, which followed the economic-loss rule described in Restatement Third of Torts: Liability for Economic Harm § 3. The court reasoned that owner had not identified an independent tort duty owed by contractors that could enable owner to maintain a tort claim to recover contract damages from them under an exception to the economic-loss rule. Sinclair Wyoming Refining Company v. A & B Builders, Ltd., 989 F.3d 747, 770, 771. COPYRIGHT ©2021 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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