Edward T. Kang, with Kang Haggerty & Fetbroyt. Courtesy photo

Tort Claims Between 2 Contracting Parties May Overcome the Gist of Action Doctrine

Earlier last year, the U.S. Court of Appeals for the Third Circuit in SodexoMAGIC v. Drexel University made this law—that the gist of the action doctrine does not bar a viable tort claim between two parties just because the parties papered the social duty giving rise to a tort claim into a contract—abundantly clear. Yet, many courts in Pennsylvania continue to misapply the doctrine.

March 09, 2023 at 10:05 AM

10 minute read

Edward T. Kang

The gist of the action doctrine does not bar a viable tort claim between two parties related by a contract. Earlier last year, the U.S. Court of Appeals for the Third Circuit in SodexoMAGIC v. Drexel University made this law—that the gist of the action doctrine does not bar a viable tort claim between two parties just because the parties papered the social duty giving rise to a tort claim into a contract—abundantly clear. Yet, many courts in Pennsylvania continue to misapply the doctrine.