Legal Opinion

lan/stv, a Joint Venture of Lockwood, Andrews & Newman, Inc. and Stv Incorporated v. Martin K. Eby Construction Company, Inc.

Texas Supreme Court

Decided June 20, 2014No. 11-0810PublishedCited by 96 opinions

1Opinion of the CourtChief Justice Hecht

In actions for unintentional torts, the common law has long restricted recovery of purely economic damages unaccompanied by injury to the plaintiff or his property 1 — a doctrine we have referred to as the economic loss rule. 2 The rule serves to provide a more definite limitation on liability than foreseeability can and reflects a preference for allocating some economic risks by contract rather than by law. 3 But the rule is not generally appliea- ble in every situation; it allows recovery of economic damages in tort, or not, according to its underlying principles. 4 The issue in this case…

2Cases cited54 opinions

  1. Formosa Plastics Corp. USA v. Presidio Engineers and Contractors, Inc.Texas Supreme Court · 1998
  2. East River Steamship Corp. v. Transamerica Delaval Inc.Supreme Court of the United States · 1986
  3. Martin K. Eby Construction Company, Inc. v. Dallas Area Rapid TransitCourt of Appeals for the Fifth Circuit · 2004
  4. Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
  5. Southwestern Bell Telephone Co. v. DeLanneyTexas Supreme Court · 1991

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3Cited by96 opinions

  1. Chapman Custom Homes, Inc., and Michael B. Duncan, Trustee of the M.B. Duncan Separate Property Trust v. Dallas Plumbing CompanyTexas Supreme Court · 2014
  2. McCaig Ex Rel. Estate of McCaig v. Wells Fargo Bank (Texas), N.A.Court of Appeals for the Fifth Circuit · 2015
  3. Balfour Beatty Infrastructure, Inc. v. Rummel Klepper & Kahl, LLPCourt of Appeals of Maryland · 2017
  4. Trevino v. HSBC Mortgage Services, Inc. (In re Trevino)United States Bankruptcy Court, S.D. Texas · 2015
  5. Bates Energy Oil & Gas v. Complete Oilfield Servs.District Court, W.D. Texas · 2019

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