Hardly Able Coal Co. v. International Harvester Co.

OPINION AND ORDER

SHADUR, District Judge.

Defendant has moved to strike the allegations of “economic loss” in plaintiff’s complaint and to dismiss the case. For the reasons stated in this opinion and order, that motion is denied.

Two legal questions are posed by defendant’s motion:

1. What state’s substantive law is applicable to plaintiff’s cause of action in this diversity case?

2. Does the applicable state law permit a tort cause of action based on either strict liability or negligence where the only damage claimed is to the product that was allegedly designed and manufactured defectively or…