Friday, January 7, 2011
SFL Friday -- The Economic Loss Rule Is Officially Dead.
Well, I should say, it's on life support.
Kids, there once was a time when the economic loss rule was everywhere and applied, or sometimes applied, or was argued to apply, to just about everything.
Quick example -- the Rabbi at my wedding actually pontificated on its applicability while we were signing the Ketubah.
Anyway, in this majestically concise opinion today by Judge Marra, you will find a perfect delineation of what remains of the ELR, and it ain't much and you can generally plead around it unless you truly are trying to sue someone in tort for breach of contract (in which case you shouldn't be in federal court).
In other news, what kind of bonehead gets a boner when a woman is crying, the Nazis are Democrats (according to Fox News), and I wish I was in Hawaii.
Have a great weekend!