The Washington Supreme Court opens a product liability can of worms by abandoning a traditional doctrine that prescribes that when there was a contract between the parties, remedies for purely economic loss blamed on product defectiveness must be based on principles of contract law, not tort law. [Russell Jackson]
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Virginia has a ban on this, under the hard-to-understand “economic loss doctrine.” Basically it says “no tort loss for contract cases.” Hadley v. Baxendale, anyone?
Around the web, December 10…
Thorogood v. Sears, Roebuck & Co.—the Seventh Circuit case that keeps giving us good opinions, this one the fourth in a series. [LNL; NLJ; Courthouse News; SBM Blog; ABAJ; Wisconsin LJ] Radio story about ADA filing mill. [This American Life……