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Case Citations [1] (July 2021 - April 2022)

handle is hein.ali/alitorts9922 and id is 1 raw text is: TORTS 3D: LIABILITY FOR ECONOMIC HARM CHAPTER 1. UNINTENTIONAL INFLICTION OF ECONOMIC LOSS § 3. Preclusion of Tort Liability Arising from Contract (Economic-Loss Rule) N.M.App.2021. Cit. in sup. Buyer of an office building at a foreclosure sale filed a claim for negligence against former owner, which had acted as its own general contractor in constructing the building, after discovering numerous, significant construction defects. The trial court granted summary judgment for former owner. This court affirmed, holding that buyer's negligence claim against former owner failed as a matter of law under the economic-loss rule described in Restatement Third of Torts: Liability for Economic Harm § 3, because former owner did not owe an independent tort duty to buyer as a subsequent purchaser. The court explained that, because former owner's lender assigned its rights under its construction-loan contract with former owner to buyer, buyer was limited to the contractual remedies bargained for in the construction-loan contract. NM-Emerald, LLC v. Interstate Development, LLC, 488 P.3d 707, 711. § 5. Negligent Misrepresentation N.D.Ind.2020. Com. (f) cit. in sup. and cit. in case quot. in sup. (citing com. (f) to § 9 of C.D. No. 2, 2007, which is now § 5, com. (f), of the Official Text). Customer and his wife sued financial advisor, advisor's supervisor, and related insurance companies, alleging that, after customer retired according to the plan recommended by defendants, his retirement benefits were significantly less than defendants represented that they would be. This court denied defendants' motion to dismiss plaintiffs' claim for negligent misrepresentation, holding that plaintiffs' allegations, including that defendants supplied incorrect information to customer in response to his specific request about how his military service would affect his benefits, were sufficient to state such a claim under the Restatement Third of Torts: Liability for Economic Harm, because plaintiffs alleged that they assigned great importance to that information, that they relied on it, and that they incurred financial loss as a result. Troth v. Warfield, 495 F.Supp.3d 729, 743, 744. CHAPTER 2. LIABILITY IN TORT FOR FRAUD; BREACH OF FIDUCIARY DUTY § 9. Fraud Tenn.2021. Quot. in sup. Purchaser of trucks brought, among other things, claims of fraud against manufacturer of trucks and dealership, alleging that defendants induced plaintiff into purchasing their trucks by making false statements and failing to disclose material facts regarding the reliability of the trucks' engines. The trial court entered judgment on a jury verdict for plaintiff. The court of appeals affirmed in part and reversed in part. This court affirmed and remanded, holding that the economic-loss doctrine barred plaintiff's claim for fraudulent inducement, because defendants' misrepresentations concerned the quality of the goods exchanged in the parties' transaction. The court observed that Restatement Third of Torts: Liability for Economic Harms § 9 applied exceptions to the economic-loss COPYRIGHT ©2022 By THE AMERICAN LAW INSTITUTE All rights reserved A-I-I 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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