About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Case Citations Restatement, Third, Torts: Liability for Economic Harm [1] (April 2022 - August 2022)

handle is hein.ali/alitorts9923 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE TORTS 3D: LIABILITY FOR ECONOMIC HARM CHAPTER 1. UNINTENTIONAL INFLICTION OF ECONOMIC LOSS § 1. Liability for the Unintentional Infliction of Economic Loss: General Principles C.A.2, 2021. Com. (c) quot. in sup. Commercial merchants brought a putative class action against credit-card company, alleging, inter alia, that defendant violated state and federal antitrust laws by including anti-steering provisions in its credit-card agreements, resulting in unreasonably restrained competition between credit-card companies that caused merchant fees for usage of credit cards to rise across all such companies. The district court granted defendant's motion to dismiss. This court affirmed, holding that those plaintiffs who did not accept defendant's credit card lacked standing to bring suit, because defendant's anti-steering provisions were too remote to be the proximate cause of plaintiffs' injuries. The court explained that whether plaintiffs' harm was foreseeable had no bearing on its finding, pointing out that, under Restatement Third of Torts: Liability for Economic Harm §§ 1 and 5, the economic-loss rule similarly barred recovery for foreseeable but remote harms. In re American Express Anti-Steering Rules Antitrust Litigation, 19 F.4th 127, 139. Conn.2021. Subsec. (1), com. (b), and Rptrs' Note (a) quot. in sup. Hotel operator sued municipal water authority, alleging that malfunctions in defendant's water pump caused water outages at plaintiff's hotel, resulting in temporary business closure and lost revenue. On remand, the trial court granted defendant's motion for summary judgment. This court affirmed, holding, inter alia, that defendant did not owe plaintiff a duty of care, because normal expectations of defendant's conduct did not include an expectation that defendant would be liable for economic losses of customers caused by the interruption of water services. The court noted that the economic-loss rule, as set forth by Restatement Third of Torts: Liability for Economic Harm § 1, did not categorically bar plaintiff's negligence claim for purely economic damages, and served as part of the greater analysis of whether policy factors favored imposing a duty of care on defendant under these circumstances. Raspberry Junction Holding, LLC v. Southeastern Connecticut Water Authority, 263 A.3d 796, 805, 818. § 2. Economic Loss Defined Conn.2021. Com. (a) quot. in sup. Hotel operator sued municipal water authority, alleging that malfunctions in defendant's water pump caused water outages at plaintiff's hotel, resulting in temporary business closure and lost revenue. On remand, the trial court granted defendant's motion for summary judgment. This court affirmed, holding, inter alia, that defendant did not owe plaintiff a duty of care, because normal expectations of defendant's conduct did not include an expectation that defendant would be liable for economic losses of customers caused by the interruption of water services. The court explained that governmental-immunity waiver provisions in state statutes weighed towards a finding that defendant's liability was limited to damages to physical property, as defined by Restatement Third of COPYRIGHT C2022 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.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most