Advertisement
| economic loss doctrine new york: Reference Manual on Scientific Evidence , 1994 |
| economic loss doctrine new york: New York Contract Law Glen Banks, Judith S. Kaye, New York State Bar Association, Norton Rose Fulbright (Firm)., 2014 |
| economic loss doctrine new york: Pure Economic Loss in Europe Mauro Bussani, Vernon Valentine Palmer, 2003-07-31 How far can tort liability expand without imposing excessive burdens upon individual activity? This comprehensive 2003 study of pure economic loss in Europe uses a fact-based comparative method and research into the laws of thirteen European countries. Includes a historical and analytical introduction to economic loss. |
| economic loss doctrine new york: New York Practice David D. Siegel, Patrick M. Connors, 2018 |
| economic loss doctrine new york: Litigation Services Handbook Roman L. Weil, Daniel G. Lentz, David P. Hoffman, 2012-07-10 Here’s all the information you need to provide your clients with superior litigation support services. Get up to speed quickly, with the aid of top experts, on trial preparation and testimony presentation, deposition, direct examination, and cross-examination. Authoritative and highly practical, this is THE essential guide for any financial expert wanting to prosper in this lucrative new area, the lawyers who hire them, and litigants who benefit from their efforts. This work of amazing breadth and depth covers the central issues that arise in financial expert testimony. It is an essential reference for counsel and practitioners in the field.—Joseph A. Grundfest, The William A. Franke Professor of Law and Business, Stanford Law School; former commissioner, United States Securities and Exchange Commission. |
| economic loss doctrine new york: Recognizing Wrongs John C. P. Goldberg, Benjamin C. Zipursky, 2020-02-04 Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability. |
| economic loss doctrine new york: Products Liability Law Mark Geistfeld, 2014-12-09 Mark Geistfeld, the author of the leading textbook on products liability, an important text on tort law and dozens of scholarly articles, has class-tested the material in Products Liability Law for more than five years at NYU. He has made the study of products liability an advanced torts class that cements knowledge of fundamental tort principles while developing both specialized expertise and a deeper understanding of the torts process. Illuminating textual discussion follows a wide range of riveting cases. Unlike many casebooks that simply pose the question, Products Liability Law provides the analyses needed to address each challenging problem. Unifying the two competing conceptions of products liability, students become familiar with both approaches and develop a balanced perspective. Features: Stellar authorship: Mark Geistfeld leading textbook on products liability important tort law textbook dozens of scholarly articles. Classroom-tested for five years Makes the study of products liability an advanced tortsclass cements knowledge of fundamental tort principles develops both specialized expertise and a deeper understanding of the torts process Wide range of interesting cases followed by extended textual discussion Provides analysis needed to address challenging questions, missing from most casebooks Unifies the two competing conceptions of products liability |
| economic loss doctrine new york: Risk, Uncertainty and Profit Frank H. Knight, 2006-11-01 A timeless classic of economic theory that remains fascinating and pertinent today, this is Frank Knight's famous explanation of why perfect competition cannot eliminate profits, the important differences between risk and uncertainty, and the vital role of the entrepreneur in profitmaking. Based on Knight's PhD dissertation, this 1921 work, balancing theory with fact to come to stunning insights, is a distinct pleasure to read. FRANK H. KNIGHT (1885-1972) is considered by some the greatest American scholar of economics of the 20th century. An economics professor at the University of Chicago from 1927 until 1955, he was one of the founders of the Chicago school of economics, which influenced Milton Friedman and George Stigler. |
| economic loss doctrine new york: The Economic Consequences of the Peace John Maynard Keynes, 1920 John Maynard Keynes, then a rising young economist, participated in the Paris Peace Conference in 1919 as chief representative of the British Treasury and advisor to Prime Minister David Lloyd George. He resigned after desperately trying and failing to reduce the huge demands for reparations being made on Germany. The Economic Consequences of the Peace is Keynes' brilliant and prophetic analysis of the effects that the peace treaty would have both on Germany and, even more fatefully, the world. |
| economic loss doctrine new york: Model Rules of Professional Conduct American Bar Association. House of Delegates, Center for Professional Responsibility (American Bar Association), 2007 The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts. |
| economic loss doctrine new york: Commercial Litigation in New York State Courts , 2005 |
| economic loss doctrine new york: Ethics, Efficiency, and the Market Allen E. Buchanan, 1985 This is a systematic evaluation of the main arguments for and against the market as an instrument of social organization, balancing efficiency and justice . It links the distinctive approaches of philosophy and economics to this evaluation. |
| economic loss doctrine new york: Recovery of Damages for Fraud Robert L. Dunn, 1995 |
| economic loss doctrine new york: Basic Guide to the National Labor Relations Act United States. National Labor Relations Board. Office of the General Counsel, 1997 |
| economic loss doctrine new york: The Social Impact of AIDS in the United States National Research Council, Division of Behavioral and Social Sciences and Education, Commission on Behavioral and Social Sciences and Education, Panel on Monitoring the Social Impact of the AIDS Epidemic, 1993-02-01 Europe's Black Death contributed to the rise of nation states, mercantile economies, and even the Reformation. Will the AIDS epidemic have similar dramatic effects on the social and political landscape of the twenty-first century? This readable volume looks at the impact of AIDS since its emergence and suggests its effects in the next decade, when a million or more Americans will likely die of the disease. The Social Impact of AIDS in the United States addresses some of the most sensitive and controversial issues in the public debate over AIDS. This landmark book explores how AIDS has affected fundamental policies and practices in our major institutions, examining: How America's major religious organizations have dealt with sometimes conflicting values: the imperative of care for the sick versus traditional views of homosexuality and drug use. Hotly debated public health measures, such as HIV antibody testing and screening, tracing of sexual contacts, and quarantine. The potential risk of HIV infection to and from health care workers. How AIDS activists have brought about major change in the way new drugs are brought to the marketplace. The impact of AIDS on community-based organizations, from volunteers caring for individuals to the highly political ACT-UP organization. Coping with HIV infection in prisons. Two case studies shed light on HIV and the family relationship. One reports on some efforts to gain legal recognition for nonmarital relationships, and the other examines foster care programs for newborns with the HIV virus. A case study of New York City details how selected institutions interact to give what may be a picture of AIDS in the future. This clear and comprehensive presentation will be of interest to anyone concerned about AIDS and its impact on the country: health professionals, sociologists, psychologists, advocates for at-risk populations, and interested individuals. |
| economic loss doctrine new york: New York Jurisprudence 2d , 1979 |
| economic loss doctrine new york: Workers' Compensation Subrogation In All 50 States - Fifth Edition Gary L. Wickert, 2012-04-01 Workers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the Kotecki cap play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the statutory employer status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, Contractual Limitations to Subrogation has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases arising under state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. Workers' Compensation Subrogation is the most complete and thorough treatise covering workers' compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers' compensation subrogation. This book is intended to introduce the workers' compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today's workers' compensation insurance subrogation marketplace. It covers the following issues in all 50 states: • Allocating Third Party Recoveries • Attorney's Fees • Borrowed Servant Doctrine • Conversion of Workers' Compensation Liens • Costs and Expenses • Dual Capacity Doctrine • Equitable Subrogation/Contribution • Exclusivity Rule Barring Action Against Employer • How To Calculate Your Credit/Advance and How It Is Applied In Each State • Intentional Acts • Joint Ventures • Made Whole Doctrine As Applied To Workers' Compensation Subrogation • Necessity of Intervention • Lien Reduction Statutes • Staff Leasing Services and Temporary Employment Agencies • Statutory Subrogation Rights • Subrogating Against UM/UIM Benefits • Subrogating In Medical Malpractice Cases • Subrogating In Legal Malpractice Cases • Waivers of Subrogation • Who Qualifies As A Third Party • Other Workers' Compensation Subrogation-Related Issues In addition to being an excellent primer on workers' compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran, the book also contains a detailed synopsis of the workers' compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers' compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights • Identifies the statutory authority for workers' compensation subrogation in that state. • Discusses the purpose/legislative intent of the statute. • Is an election necessary by the worker? • Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? • When and must a third party action be brought? • What are the rights of a carrier to intervene in an existing third party action filed by a worker? • Will a worker's compensation carrier's subrogation interest be barred if not brought timely? Third Parties • Who can be sued as third parties in a third party action? • Can a co-employee be sued and under what circumstances? • Can an uninsured/underinsured carrier be a third party under the laws of that state? • Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker's compensation carrier to effectively subrogate? • What is the state's workers' compensation bar? • Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? • Under what circumstances can the employer be sued? • Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery • How and when does the carrier recover its subrogated interest? • Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers' Compensation Act of that state? • Is there a formula used to determine how a third party recovery is allocated? • What happens to the total recovery and how is it applied? • Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? • Does the employer's negligence reduce the recovery by the worker or carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest? |
| economic loss doctrine new york: End of History and the Last Man Francis Fukuyama, 2006-03-01 Ever since its first publication in 1992, the New York Times bestselling The End of History and the Last Man has provoked controversy and debate. Profoundly realistic and important...supremely timely and cogent...the first book to fully fathom the depth and range of the changes now sweeping through the world. —The Washington Post Book World Francis Fukuyama's prescient analysis of religious fundamentalism, politics, scientific progress, ethical codes, and war is as essential for a world fighting fundamentalist terrorists as it was for the end of the Cold War. Now updated with a new afterword, The End of History and the Last Man is a modern classic. |
| economic loss doctrine new york: State by State Survey of the Economic Loss Doctrine in Construction Litigation American Bar Association. Committee on Construction Litigation. Subcommittee on Damages, 1996 |
| economic loss doctrine new york: Philosophical Foundations of Tort Law David G. Owen, 1995 This exceptional collection of twenty-two essays on the philosophical fundamentals of tort law assembles many of the world's leading commentators on this particularly fascinating conjunction of law and philosophy. The contributions range broadly, from inquiries into how tort law derives fromAristotle, Aquinas, and Kant to the latest economic and rights-based theories of legal reponsibility. This is truly a multi-national production, with contributions from several distinguished Oxford scholars of law and philosophy and many prominent scholars from the United States, Canada, and Israel.A provocative closing essay by one of the world's leading moral philosophers illuminates how tort law enables philosophers to observe the abstract theories of their discipline put to the concrete test in the legal resolution of real-world controversies based on principles of right and wrong. |
| economic loss doctrine new york: West's New York Digest, 4th , 1989 |
| economic loss doctrine new york: The Code of Capital Katharina Pistor, 2020-11-03 Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the offices of private attorneys, and why this little-known fact is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. In this revealing book, Katharina Pistor argues that the law selectively codes certain assets, endowing them with the capacity to protect and produce private wealth. With the right legal coding, any object, claim, or idea can be turned into capital - and lawyers are the keepers of the code. Pistor describes how they pick and choose among different legal systems and legal devices for the ones that best serve their clients' needs, and how techniques that were first perfected centuries ago to code landholdings as capital are being used today to code stocks, bonds, ideas, and even expectations--assets that exist only in law. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the different ways that debt, complex financial products, and other assets are coded to give financial advantage to their holders. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it.--Provided by publisher. |
| economic loss doctrine new york: Police Civil Liability Isidore Silver, 1986 |
| economic loss doctrine new york: Recovery for Wrongful Death Stuart M. Speiser, 2005 |
| economic loss doctrine new york: New York Construction Law Michael K. De Chiara, Michael S. Zetlin, 2003-01-01 New York Construction Law covers everything from licensing and contracts to disputes and claims-including full chapters on design-build projects and recent trends in ADR. It examines all the pertinent cases and statutes, with expert analysis by the state's top construction attorneys, along with practical insights, warnings, and advice culled from years of experience. Highlights include: extensive discussion of the newly enacted Terrorism Risk Insurance Act of 2002 - burden of proof under the Eicheleay formula - pending legislation in New York that would permit a new form of business entity that would be know as design professional service corporation - efforts by Governor Pataki to repeal the Wick's Law - pending state legislation that would render design-build contracts void unless the licensed engineer or architect is specifically identified in the contract and such licensee's practice is independent of the contracting party's business - pending state legislation that would increase the threshold for public works contracts - latest cases concerning who may file a lien, what items are alienable, when liens can be filed, liens filed against condominiums, lien foreclosure actions - a new section regarding assignee of construction contracts. |
| economic loss doctrine new york: Kohler V. Kohler Co , 1963 |
| economic loss doctrine new york: Nichols on Eminent Domain Julius L. Sackman, 2006 |
| economic loss doctrine new york: Automobile Insurance Subrogation in All 50 States - Second Edition Gary L. Wickert, 2014-11-01 Automobile Insurance Subrogation: In All 50 States is the most thorough, comprehensive, and ambitious anthology of subrogation-related legal information and insurance resources ever put to paper. It is the last and most anticipated of the subrogation trilogy, and a book which will serve as the “bible” for any insurance company writing personal lines or commercial auto policies. It is destined to become the standard work and reference for attorneys, insurance companies, and subrogation industry professionals. Every year there are more than 7 million auto accidents in the United States with a financial toll of more than $300 billion. Nearly 3 million people are injured and 42,636 people are killed. In the overwhelming majority of these accidents there is at least one party at fault. For virtually every one of these accidents, a policy of automobile insurance provides some sort of claim payments or benefits. In the vast majority of those claims, one or more insurance policies and/or applicable state law grants the insurer a right of subrogation against a negligent third party whose carelessness caused the accident. This book is the bible on subrogating those claims. This book covers the nuts and bolts of auto subrogation in all 50 states, covering every topic imaginable -- including PIP, Med Pay, UM/UIM, property claims, deductible reimbursement, no-fault subrogation and more. It surveys the laws of every state and provides descriptions of every type of auto coverage imaginable, as well as the statutory, case law, and regulatory authority governing every aspect of auto subrogation. If you have subrogation responsibility involving auto claims, you need this book. It universally covers issues which are indelibly interwoven into the business of auto insurance, including a complete treatment of the laws of all 50 states and the District of Columbia relating to: • Basic and Statutory Subrogation Rights • Mandatory vs. Optional Insurance Coverage • No-Fault Laws, PIP, Mini-Torts, and Loss Transfer Laws • Tort Limitations • Medical Payments Coverage and Subrogation • Uninsured/Underinsured Motorist Coverage and Subrogation • Collision/Property Subrogation • Release of Tortfeasor by Insured • Accord and Satisfaction: Accepting Partial Payments from Tortfeasor • Made Whole Doctrine • Common Fund Doctrine • Economic Loss Doctrine • Deductible Recovery and Reimbursement • Collateral Source Rule • Contributory Negligence/Comparative Fault • Seat Belt Laws and Defenses • Rental Cars, Loaner Vehicles, and Test Drivers • Bailment/Parking Lot Liability • Negligent Entrustment • Facing Multiple Claims In Excess of Liability Policy Limits • Conflict of Laws/Interstate Subrogation • Recovery of Attorney’s Fees and Costs • Statutes of Limitations It is a complete treatment -- A to Z -- of virtually every issue which the insurance claims or subrogation professional will face in the area of automobile insurance. It is like no legal treatise ever written and promises to be the most used reference in any insurance company. |
| economic loss doctrine new york: Proving and Defending Damage Claims James Joseph Brown, Wendy Fleishman, 2007-01-01 Today, the standards for assessing the different types of damages vary greatly from state to state. Tort reform nationally has had a significant impact on tort damages. In addition, many states have codified the law concerning claims for damages arising from medical malpractice, consumer rights, wrongful death, and products liability. Proving and Defending Damage Claims: A Fifty-State Guide is the one reference that will help you accurately assess and pursue damages-- from drafting or defending a complaint to arguing damages at trial. This unique resource will help you present the strongest possible case on behalf of your client. You'll gain instant access to: Fifty-state surveys that provide quick and reliable answers to questions about recoverable damages. Analysis to help you calculate recoverable damages for particular causes of action. Reliable insights into the framework of punitive damages, including their availability and limitations. And much more! ; Proving and Defending Damage Claims: A Fifty-State Guide enables you to quickly and accurately assess damages in all fifty states. This essential resource analyzes damages connected with specific causes of action, including: Medical Malpractice Products Liability Personal injury Wrongful Death Equitable Remedies Property Loss Environmental Torts Consumer Protection |
| economic loss doctrine new york: Principles of Products Liability Mark Geistfeld, 2011 The varied doctrines, disputes, competing conceptions of liability and responsibility, and leading cases in this area are all discussed in this book. Unlike other books in this subject area, this title fully develops the underlying concepts and then repeatedly shows how the important doctrines can be understood in terms of a few basic principles. The book also provides insights into the processes of the common law, while locating products liability within tort law more generally. The book will be of interest both for the specialized study of products liability and the more general study of tort law. |
| economic loss doctrine new york: Weinstein, Korn and Miller CPLR Manual Oscar G. Chase, 1980 Covering every aspect of New York civil procedure under the Civil Practice Law & Rules of New York, this 2-volume set is a valuable, quick reference guide that provides complete, succinct coverage. Also serves as a time-saving complement to the Weinstein, Korn & Miller treatise, 2 Volumes. |
| economic loss doctrine new york: Business Liability and Economic Damages Scott D. Gilbert, 2015-12-31 Businesses exist to provide goods and services to customers and in so doing they take risks. Among these risks is the chance of losing money in lawsuits filed by customers, employees, and others negatively impacted by the business. Insurance provides some protection against these liabilities, but lawsuits still take their toll. This book covers the subject of economic damages and its role in insurance claims and lawsuits against businesses. After reading and understanding this book, the reader will be able to identify economic damages as a component of business liability, describe the business risk posed by economic damages, explain the key determinants of economic damages, and estimate economic damages and business loss in a variety of cases. |
| economic loss doctrine new york: Business Liability and Economic Damages, Second Edition Scott D. Gilbert, 2020-06-25 This book covers the subject of economic damages and its role in insurance claims, lawsuits, and injunctions against businesses. Businesses exist to provide goods and services to customers, and in doing so, they take risks. Among these risks is the chance of losing money in lawsuits filed by customers, employees, and others negatively impacted by the business. Insurance provides some protection against these liabilities, but lawsuits still take their toll. This book covers the subject of economic damages and its role in insurance claims, lawsuits, and injunctions against businesses. This book will help the reader to identify economic damages as a component of business liability, describe the business risk posed by economic damages, explain some key determinants of economic damages, and estimate economic damages and business loss in a variety of cases. |
| economic loss doctrine new york: Recoverability of Pure Economic Loss Arising from Ship-source Oil Pollution Yuna Huang, 2011 This book focuses on liability and compensation for negligently caused pure economic loss as a general question in tort law and specifically as a question in maritime tort law, especially in cases of oil pollution damage. A substantial part of this study is dedicated to the examination of the legal status of pure economic loss caused by ship-source oil pollution incidents, the outer margins of recoverable losses as well as compensation practice, from both an international and a national perspective. The compensation practices of the IOPC Funds have been analysed carefully for this purpose. |
| economic loss doctrine new york: Cybersecurity Law Fundamentals James X. Dempsey, John P. Carlin, 2024 |
| economic loss doctrine new york: , |
| economic loss doctrine new york: The Law of Damages A. M. Tettenborn, David Wilby, Daniel Bennett (LL. M.), 2010 This second edition is an essential text on the Law of Damages, providing a comprehensive and authoritative account of the legal principles to be applied in assessing damages. It examines the current law and also highlights areas for possible future development. The text covers all the key areas and general principles of damages making it an essential text for both practitioners and academics.Written by leading academics and QCs, this essential text on the Law of Damages provides a comprehensive and authoritative account of the legal principles to be applied in assessing damages. It examines the current law and highlights areas for possible future development. Commentary has been extensively updated to include:* Two new chapters: Contracts for the Benefit of Third Parties and Penalties and Liquidated Damages* A detailed and incisive consideration of the post-April 2005 periodic payment regime and particular consideration of the decision of the Court of Appeal in Thompstone v. Tameside* A Practitioner's insight into the complexity of the deduction of state benefits in high value claims with particular reference to the decision in Crofton v. National Health Service Litigation Authority* A helpful guide for practitioners to the assessment of general damages utilising the JSB Guidelines, Eighth edition* A comprehensive review of all the up-to-date authorities on assessment of damages, both special and future loss, in personal injury claimsThe book is part of the Common Law menu which is supported by annual updates. |
| economic loss doctrine new york: Liquidated Damages and Penalties , 1988 |
| economic loss doctrine new york: Emerging Issues in Tort Law Jason W Neyers, Erika Chamberlain, Stephen G.A. Pitel, 2007-05-29 In this book, articles by leading tort scholars from Australia, Canada, Hong Kong, Israel, New Zealand, the United Kingdom and the United States deal with important theoretical and practical issues that are emerging in the law of torts. The articles analyse recent leading developments in areas such as economic negligence, causation, vicarious liability, non-delegable duty, breach of statutory duty, intentional torts, damages, and tort law in the family. They provide a foretaste of the issues that will face tort law in the near future and offer critical viewpoints that should not go unheeded. With its rich breadth of contributors and topics, Emerging Issues in Tort Law will be highly useful to lawyers, judges and academics across the common law world. Contributors: Elizabeth Adjin-Tettey, Kumaralingam Amirthalingam, Peter Benson, Vaughan Black, Peter Cane, Erika Chamberlain, Israel Gilead, Paula Giliker, Rick Glofcheski, Lewis N Klar QC, Michael A Jones, Richard Lewis, John Murphy, Jason W Neyers, Ken Oliphant, David F Partlett, Stephen GA Pitel, Denise Reaume, Robert H Stevens, Andrew Tettenborn, Stephen Todd, Shauna van Praagh, Stephen Waddams, David R Wingfield, Richard W Wright. |
| economic loss doctrine new york: Construction Disputes Robert F. Cushman, John D. Carter, Douglas F. Coppi, Paul J. Gorman, 2001-01-01 In compiling the third and entirely revised edition of Construction Disputes: Representing the Contractor, the editors have sought out as specialists in their field: contributing authors who are not only experienced in resolving construction disputes but also known and respected for their expertise in specific critical areas commonly encountered in construction litigation. Although intended primarily to assist attorneys, this book also provides a useful desk reference for anyone whose activities touch on long-term contract matters and gives individual contractors a better understanding of how their actions may affect this increasingly important part of operations. |
PHILADELPHIA-#1584765-v1-The Economic Loss Doctrine
courts have used the economic loss doctrine to prohibit tort recovery for both losses to the product itself and “other property,” where the damage to the “other property” was foreseeable at the …
A GUIDE TO UNDERSTANDING THE ECONOMIC LOSS …
First, the Article provides a brief introduction to the economic loss doctrine, discussing its basic function and key terms. Second, the Article delves into the doctrine’s history and explores the …
NYLitigator - MoloLamken
As originally articulated by the Court of Appeals, under the economic loss rule, strict products liability does not ap-ply where a customer’s injury from a defective product can be satisfied …
Supreme Court of the State of New York Appellate Division: …
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Queens County (Marguerite A. Grays, J.), entered August 13, 2019.
SUPREME COURT OF THE STATE OF NEW YORK ... - Judiciary …
that the economic loss doctrine bars third-party plaintiff from seeking indemnification and contribution in the third-party action, and that the forum selection clause contained in the field …
The Economic Loss Doctrine: The Monster in the Property …
Chapter 40 overrides the economic loss doctrine and allows homeowner to bring a negligenceclaim.
The Economic Loss Rule And Negligent Misrepresentation
Nov 19, 2003 · Simply stated, the economic loss rule provides: “‘“[W]here a purchaser's expectations in a sale are frustrated because the product he bought is not working properly, …
BY-LINED ARTICLE Economic Loss in New York Construction …
economic loss doctrine has been used by the courts as a way to limit the potential class of third-party claimants by requiring personal injury or property damage as a precondition to recovery...
THE ECONOMIC LOSS DOCTRINE: DISTINGUISHING …
When a product fails there are three types of damages that can result. Those damages are identified by the courts as economic loss damages, personal injury damages, and non …
ECONOMIC LOSS DOCTRINE: AN ANALYSIS OF THE RULE’S …
There are at least three reasons to believe that the economic loss doctrine may remain intact and applicable to design professionals: (1) the unique characteristics of the projects on which …
The Economic- Loss Doctrine as Applied in the and Kevin J.
economic- loss doctrine. Though seemingly straight forward, the doctrine’s nuanced application is inconsistently applied by state and federal courts throughout the country. This article …
The Economic Loss Doctrine: Getting Rid of the Surplusage in …
the law of any given state, the economic loss doctrine can be an effective tool for eliminating contract claims masquerading as tort claims (and with them the damages exposure and other …
ECONOMIC LOSS DOCTRINE CHART.docx (00217584)
Jan 13, 2022 · The Economic Loss Doctrine (ELD) is a court-developed doctrine that has been adopted by a majority of U.S. states and jurisdictions. In its traditional form, it bars recovery in …
ECONOMIC LOSS DOCTRINE - cozen.com
The economic loss doctrine “prohibits recovery in tort where a product has damaged only itself (i.e., has not caused personal injury or damage to other property) and, the only losses suffered …
Pecuniary Loss inaWrongful DeathAction - New York Injury …
EPTL 5-4.3 provides that the damages to be awarded for a wrongful death claim are limited to the "fair and just compensation for the pecuniary injuries resulting from the decedent's death to the …
High Court Merges 'Gist of the Action' and 'Economic Loss' in …
Following suit, in Dittman, the Supreme Court addressed the economic loss doctrine, and shifted its focus away from the nature of the damages claimed, to focus on the nature of the duty …
In ‘Ambac,’ Judge Attempts to Make Sense of New York’s …
Aug 21, 2018 · New York law. Tuesday, augusT 21, 2018 Judge Pauley adhered to his earlier decision in Commerzbank after an extended discussion of both the tradition-al “economic loss …
The Economic Loss Rule – The Only Certainty Is More …
Apr 6, 2007 · Courts originally developed the Rule (also known as the Economic Loss Doctrine) in cases related to the sale of products or manufactured goods. It states that if a party suffers …
DAMAGES AND LOSS CAUSATION - Fried, Frank
Economic loss and loss causation are required elements of an SEC Rule 10b-5 civil fraud claim. Dura Pharms., Inc. v. Broudo,544 U.S. 336 (2005). “[T]he plaintiff shall have the burden of …
Construct a Defense Using the Economic Loss Doctrine
See Sidney Barrett, Recovery of Economic Loss in Tort for Construction Defect: A Crit-ical Analysis, 40 S.C.L. Rev. 891, 894 (1989). This article focuses on how manufactur-ers of …
PHILADELPHIA-#1584765-v1-The Economic Loss Doctrine
courts have used the economic loss doctrine to prohibit tort recovery for both losses to the product itself and “other property,” where the damage to the “other property” was foreseeable at the …
A GUIDE TO UNDERSTANDING THE ECONOMIC LOSS …
First, the Article provides a brief introduction to the economic loss doctrine, discussing its basic function and key terms. Second, the Article delves into the doctrine’s history and explores the …
NYLitigator - MoloLamken
As originally articulated by the Court of Appeals, under the economic loss rule, strict products liability does not ap-ply where a customer’s injury from a defective product can be satisfied with …
Supreme Court of the State of New York Appellate Division: …
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Queens County (Marguerite A. Grays, J.), entered August 13, 2019.
SUPREME COURT OF THE STATE OF NEW YORK ... - Judiciary …
that the economic loss doctrine bars third-party plaintiff from seeking indemnification and contribution in the third-party action, and that the forum selection clause contained in the field …
The Economic Loss Doctrine: The Monster in the Property …
Chapter 40 overrides the economic loss doctrine and allows homeowner to bring a negligenceclaim.
The Economic Loss Rule And Negligent Misrepresentation
Nov 19, 2003 · Simply stated, the economic loss rule provides: “‘“[W]here a purchaser's expectations in a sale are frustrated because the product he bought is not working properly, his …
BY-LINED ARTICLE Economic Loss in New York Construction …
economic loss doctrine has been used by the courts as a way to limit the potential class of third-party claimants by requiring personal injury or property damage as a precondition to recovery...
THE ECONOMIC LOSS DOCTRINE: DISTINGUISHING …
When a product fails there are three types of damages that can result. Those damages are identified by the courts as economic loss damages, personal injury damages, and non …
ECONOMIC LOSS DOCTRINE: AN ANALYSIS OF THE RULE’S …
There are at least three reasons to believe that the economic loss doctrine may remain intact and applicable to design professionals: (1) the unique characteristics of the projects on which …
The Economic- Loss Doctrine as Applied in the and Kevin J.
economic- loss doctrine. Though seemingly straight forward, the doctrine’s nuanced application is inconsistently applied by state and federal courts throughout the country. This article discusses …
The Economic Loss Doctrine: Getting Rid of the Surplusage …
the law of any given state, the economic loss doctrine can be an effective tool for eliminating contract claims masquerading as tort claims (and with them the damages exposure and other …
ECONOMIC LOSS DOCTRINE CHART.docx (00217584)
Jan 13, 2022 · The Economic Loss Doctrine (ELD) is a court-developed doctrine that has been adopted by a majority of U.S. states and jurisdictions. In its traditional form, it bars recovery in …
ECONOMIC LOSS DOCTRINE - cozen.com
The economic loss doctrine “prohibits recovery in tort where a product has damaged only itself (i.e., has not caused personal injury or damage to other property) and, the only losses suffered …
Pecuniary Loss inaWrongful DeathAction - New York Injury …
EPTL 5-4.3 provides that the damages to be awarded for a wrongful death claim are limited to the "fair and just compensation for the pecuniary injuries resulting from the decedent's death to the …
High Court Merges 'Gist of the Action' and 'Economic Loss' …
Following suit, in Dittman, the Supreme Court addressed the economic loss doctrine, and shifted its focus away from the nature of the damages claimed, to focus on the nature of the duty …
In ‘Ambac,’ Judge Attempts to Make Sense of New York’s …
Aug 21, 2018 · New York law. Tuesday, augusT 21, 2018 Judge Pauley adhered to his earlier decision in Commerzbank after an extended discussion of both the tradition-al “economic loss …
The Economic Loss Rule – The Only Certainty Is More …
Apr 6, 2007 · Courts originally developed the Rule (also known as the Economic Loss Doctrine) in cases related to the sale of products or manufactured goods. It states that if a party suffers …
DAMAGES AND LOSS CAUSATION - Fried, Frank
Economic loss and loss causation are required elements of an SEC Rule 10b-5 civil fraud claim. Dura Pharms., Inc. v. Broudo,544 U.S. 336 (2005). “[T]he plaintiff shall have the burden of …
Construct a Defense Using the Economic Loss Doctrine
See Sidney Barrett, Recovery of Economic Loss in Tort for Construction Defect: A Crit-ical Analysis, 40 S.C.L. Rev. 891, 894 (1989). This article focuses on how manufactur-ers of …
