Rolling Back the Economic Loss Doctrine in Securities Disputes Against Financial Intermediaries

PIABA Bar Journal, Volume 20, No. 1 (2013)

20 Pages Posted: 27 Jul 2014

See all articles by Benjamin Edwards

Benjamin Edwards

University of Nevada, William S. Boyd School of Law

Date Written: 2013

Abstract

While the economic loss doctrine originated in the products liability context, the doctrine soon developed an ability to jump fences. Over time, it became a preferred defense in securities litigation. Although variations exist, the doctrine generally bars common law tort claims in favor of contract claims.

In this Essay I explore the doctrine's application to securities disputes involving financial intermediaries. In particular, I focus on the Florida Supreme Court's decision to limit the application of the economic loss doctrine to the products liability context in Tiara Condominium Association v. Marsh & Mclennan Companies.

Suggested Citation

Edwards, Benjamin, Rolling Back the Economic Loss Doctrine in Securities Disputes Against Financial Intermediaries (2013). PIABA Bar Journal, Volume 20, No. 1 (2013), Available at SSRN: https://ssrn.com/abstract=2471791

Benjamin Edwards (Contact Author)

University of Nevada, William S. Boyd School of Law ( email )

4505 South Maryland Parkway
Box 451003
Las Vegas, NV 89154
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
65
Abstract Views
980
Rank
618,039
PlumX Metrics