In one fell swoop, the Florida Supreme Court in its March 7 ruling wiped out decades of jurisprudence on its economic loss rule.
Frustrated with courts’ constantly struggling to expand, narrow and distinguish the economic loss rule, the Supreme Court "receded" from its prior case law, limiting the rule strictly to products liability cases. As a result, one of the most common civil defenses to tort actions related to contract breaches no longer stands, opening the floodgates to new causes of action for plaintiffs.
Unexpected about-face
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