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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  

Benjamin P. 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 P., 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

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