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Ruminations on the Relationship Between the Economic Loss Rule and Claims for Breach of Fiduciary Duty

by Thomas Wade Young
The court-created doctrine known as “the economic loss rule” arose from the idea that, because parties may allocate risks and remedies through contract negotiations, tort remedies should not be available simply because an unhappy contracting party deems negotiated contractual remedies insufficient. The doctrine began in the context of products liability cases, but rapidly expanded in Florida to bar tort claims in other contexts, to a point “beyond [the rule’s] principled origins." So, through a decisional trilogy between 1999 and 2004, the Supreme Court of Florida systematically retracted the doctrine’s reach. In the seminal 2004 decision Indemnity Insurance Company of North America v. American Aviation, Inc., 891 So. 2d 532 (Fla. 2004), the court unanimously agreed “the economic loss rule should be expressly limited."

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President’s Page
Demystifying What Judges Do
by Scott G. Hawkins

Appellate Practice
Certiorari Review of Nonfinal Orders:Trying on a Functional Certiorari Wardrobe, Part II
by Judge Chris W. Altenbernd and Jamie Marcario

Real Property, Probate and Trust Law
Bacardi on the Rocks
by Barry A. Nelson

Tax Law
Estate Planning with Portability in Mind, Part I
by Lester B. Law and Andrew T. Huber

Labor and Employment Law
The Times They Are a Changin’: The Impact of Technology and Social Media on the Public Workplace, Part I
by Gregory A. Hearing and Brian C. Ussery


March 2012
Volume 86, No. 3
A Horse Is a Horse (of Course, of Course) But Is It Agriculture? Whether Ranches Dedicated to Abused, Abandoned, and Aging Horses Qualify for “Agricultural” Classifications Under Florida’s Greenbelt Law — by Michael T. Olexa, Joshua A. Cossey, Katherine Smallwood, and Zach Broome

Qué RICO? Discarding the Fallacy that Florida RICO and Federal RICO Are Identical by Etan Mark and Monica F. Rossbach (Jan. 2012)

Now or Then? The Time of Loss in Title Insurance — by Matthew C. Lucas (Dec. 2011)

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January 2012

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[Revised: 02-28-2012]