9 Kansas opinions name it 2 courts 1999–2019 0 in the last five years
The cases below were cited by Kansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Koss Construction v. Caterpillar, Inc.green2 sentences2019Our Court of Appeals had previously explained that the economic loss doctrine is a "rule that is straightforward and predictable and that establishes a logical demarcation between cases properly pursued as tort actions and those which are warranty claims." Koss Construction v. Caterpillar, Inc., 25 Kan. 2017Twelve years later, this court adopted the economic loss doctrine in Koss, 25 Kan. | 3 | 6 |
David v. Hettgreen2 sentences2013The court ultimately found the rationale supporting the economic loss doctrine failed to justify a departure from a long line of cases in Kansas that establish a homeowner’s right to assert claims against residential contractors “in tort, contract, or both, depending on the nature of the duty giving rise to each claim.” 293 Kan. at 680, 698-99 . 2013Finally, the court noted it found the economic loss doctrine’s application to home construction troubling because it focused on the damages rather than the duty breached, which could allow a contractor to escape liability simply because the negligence was discovered before someone was harmed. 293 Kan. at 700 . | 2 | 3 |
McCarthy Well Co. v. St. Peter Creamery, Inc.green2 sentences2013Peter Creamery, 410 N.W.2d 312, 315 (Minn. 1987) (when the Uniform Commercial Code does not apply, there is no reason for the economic loss doctrine to apply). 2011Peter Creamery, 410 N.W.2d 312, 315 (Minn. 1987) (when the U.C.C. does not apply, there is no reason for the economic loss doctrine to apply). | 2 | 2 |
Northwest Arkansas Masonry, Inc. v. Summit Specialty Products, Inc.green2 sentences2019App. 2d 735 , 31 P.3d 982 (2001), removal and replacement costs fell under the economic loss doctrine. 2019The integrated systems rule was adopted by the Kansas Court of Appeals in Northwest Arkansas Masonry, Inc., and posits that "'[d]amage by a defective component of an integrated system to either the system as a whole or other system components is not damage to "other property" which precludes the application of the economic loss doctrine.'" 29 Kan. | 1 | 4 |
Jordan v. Case Corp.green2 sentences2017The following year, this court expanded the economic loss doctrine to include consumer transactions in Jordan v. Case Corp., 26 Kan. 2004The economic loss doctrine was explained further in Jordan v. Case Corp., 26 Kan. | 1 | 4 |
Prendiville v. Contemporary Homes, Inc.green2 sentences2017App. 2d 435 , 83 P.3d 1257 , rev. denied 278 Kan. 847 (2004), a panel of this court applied the economic loss doctrine in a residential construction case. 2011In reviewing that de cisión, the Court of Appeals broadly defined the issue as “whether the economic loss doctrine applies to a claim against a contractor in residential construction defect cases.” 32 Kan. | 1 | 4 |
Rinehart v. Morton Bldgs., Inc.green2 sentences2013Rinehart v. Morton Buildings, Inc., No. 101,940, 2010 WL 4320353, at *4 (Kan. 2013Rinehart, 2010 WL 4320353, at *4 . | 1 | 1 |
Cargill, Inc. v. Boag Cold Storage Warehouse, Inc.green1 sentence2011See Insurance Co. of North America v. Cease Electric, Inc., 276 Wis. 2d 361, 381 , 688 N.W.2d 462 (2004) (“economic loss doctrine is inapplicable for the negligent provision of services”); Cargill, Inc. v. Boag Cold Storage Warehouse, Inc., 71 F.3d 545, 550 (6th Cir. 1995) (doctrine applies to transaction in goods, not services); McCarthy Well Co. v. St. | 1 | 1 |
Town of Alma v. AZCO Construction, Inc.green2 sentences2011For example, when the Colorado Supreme Court addressed the economic loss doctrine’s propriety for the first time in Town of Alma, 10 P.3d 1256 , it expressly adopted the doctrine by name, but it redefined its principles to such a degree that it effectively created a new doctrine. 2011It observed also that a “ ‘more accurate designation of what is commonly termed ‘the economic loss rule’ would be an ‘independent duty rule.’ ” 10 P.3d at 1262 n.8. | 1 | 1 |
Hotels of Key Largo, Inc. v. RHI HOTELSgreen1 sentence2011See e.g., Hotels of Key Largo, Inc. v. RHI Hotels, 694 So.2d 74, 78 (Fla.Dist.App.1997); Huron Tool v. Precision Consulting Servs., 209 Mich. App. 365, 370-74 , 532 N.W.2d 541 (1995); Wickenhauser v. Lehtinen, 302 Wis.2d 41 , 734 N.W.2d 855, 868-69 (2007); see also Anzivino, 90 Marq. | 1 | 1 |
Wickenhauser v. Lehtinengreen2 sentences2011See e.g., Hotels of Key Largo, Inc. v. RHI Hotels, 694 So.2d 74, 78 (Fla.Dist.App.1997); Huron Tool v. Precision Consulting Servs., 209 Mich. App. 365, 370-74 , 532 N.W.2d 541 (1995); Wickenhauser v. Lehtinen, 302 Wis.2d 41 , 734 N.W.2d 855, 868-69 (2007); see also Anzivino, 90 Marq. 2011See e.g., Hotels of Key Largo, Inc. v. RHI Hotels, 694 So.2d 74, 78 (Fla.Dist.App.1997); Huron Tool v. Precision Consulting Servs., 209 Mich. App. 365, 370-74 , 532 N.W.2d 541 (1995); Wickenhauser v. Lehtinen, 302 Wis.2d 41 , 734 N.W.2d 855, 868-69 (2007); see also Anzivino, 90 Marq. | 1 | 1 |
Eastwood v. Horse Harbor Foundation, Inc.green1 sentence2011See Town of Alma, 10 P.3d at 1262 ; Eastwood v. Horse Harbor Found., 170 Wash. 2d 380, 387 , 241 P.3d 1256 (2010) (“The term ‘economic loss rule’ has proved to be a misnomer.”); Affiliated FM Ins. v. LTK Consulting, 170 Wash. 2d 442, 449 , 243 P.3d 521 (2010). | 1 | 1 |
Eastwood v. Horse Harbor Foundation, Inc.green1 sentence2011See Town of Alma, 10 P.3d at 1262 ; Eastwood v. Horse Harbor Found., 170 Wash. 2d 380, 387 , 241 P.3d 1256 (2010) (“The term ‘economic loss rule’ has proved to be a misnomer.”); Affiliated FM Ins. v. LTK Consulting, 170 Wash. 2d 442, 449 , 243 P.3d 521 (2010). | 1 | 1 |
Wilkinson v. Shoney's, Inc.green2 sentences2011App. 2d 200, 201 , 960 P.2d 255 , rev. denied 265 Kan. 885 (1998); Insurance Co. of North America v. Cease Electric, Inc., 276 Wis. 2d 361, 369 , 688 N.W.2d 462 ( 2004) (“[The economic loss doctrine’s] application to a set of facts also presents a question of law subject to independent appellate review.”); see also Wilkinson v. Shoney’s, Inc., 269 Kan. 194, 203 , 4 P.3d 1149 (2000) (whether to recognize a new common law cause of action is a question of law subject to unlimited review). 2011App. 2d 200, 201 , 960 P.2d 255 , rev. denied 265 Kan. 885 (1998); Insurance Co. of North America v. Cease Electric, Inc., 276 Wis. 2d 361, 369 , 688 N.W.2d 462 ( 2004) (“[The economic loss doctrine’s] application to a set of facts also presents a question of law subject to independent appellate review.”); see also Wilkinson v. Shoney’s, Inc., 269 Kan. 194, 203 , 4 P.3d 1149 (2000) (whether to recognize a new common law cause of action is a question of law subject to unlimited review). | 1 | 1 |
| Werwinski v. Ford Motor Companygreen | 1 | 1 |
| Kennedy v. Columbia Lumber & Manufacturing Co.green | 1 | 1 |
| Kaloti Enterprises, Inc. v. Kellogg Sales Co.green | 1 | 1 |
Kenosha Hospital & Medical Center v. Garciagreen2 sentences2011App. 2d 200, 201 , 960 P.2d 255 , rev. denied 265 Kan. 885 (1998); Insurance Co. of North America v. Cease Electric, Inc., 276 Wis. 2d 361, 369 , 688 N.W.2d 462 ( 2004) (“[The economic loss doctrine’s] application to a set of facts also presents a question of law subject to independent appellate review.”); see also Wilkinson v. Shoney’s, Inc., 269 Kan. 194, 203 , 4 P.3d 1149 (2000) (whether to recognize a new common law cause of action is a question of law subject to unlimited review). 2011See Insurance Co. of North America v. Cease Electric, Inc., 276 Wis. 2d 361, 381 , 688 N.W.2d 462 (2004) (“economic loss doctrine is inapplicable for the negligent provision of services”); Cargill, Inc. v. Boag Cold Storage Warehouse, Inc., 71 F.3d 545, 550 (6th Cir. 1995) (doctrine applies to transaction in goods, not services); McCarthy Well Co. v. St. | 1 | 1 |
Insurance Co. of North America v. Cease Electric Inc.green2 sentences2011App. 2d 200, 201 , 960 P.2d 255 , rev. denied 265 Kan. 885 (1998); Insurance Co. of North America v. Cease Electric, Inc., 276 Wis. 2d 361, 369 , 688 N.W.2d 462 ( 2004) (“[The economic loss doctrine’s] application to a set of facts also presents a question of law subject to independent appellate review.”); see also Wilkinson v. Shoney’s, Inc., 269 Kan. 194, 203 , 4 P.3d 1149 (2000) (whether to recognize a new common law cause of action is a question of law subject to unlimited review). 2011See Insurance Co. of North America v. Cease Electric, Inc., 276 Wis. 2d 361, 381 , 688 N.W.2d 462 (2004) (“economic loss doctrine is inapplicable for the negligent provision of services”); Cargill, Inc. v. Boag Cold Storage Warehouse, Inc., 71 F.3d 545, 550 (6th Cir. 1995) (doctrine applies to transaction in goods, not services); McCarthy Well Co. v. St. | 1 | 1 |
Multifamily Captive Group, LLC v. Assurance Risk Managers, Inc.green1 sentence2011See Multifamily Captive Gr. v. Assurance Risk Managers, 629 F.Supp.2d 1135, 1146 (E.D.Cal.2009); Werwinski, 286 F.3d at 678 . | 1 | 1 |
| Rowe v. Akin & Flanders, Inc.green | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
East River Steamship Corp. v. Transamerica Delaval Inc.
green
2 sentences2013Applying those considerations, the East River Court held the economic loss doctrine barred the charters5 and subcharters5 strict liability and negligence claims. 476 U.S. at 876 . 2013It then held the economic loss doctrine barred Northwest’s strict liability claim even though the parties lacked contractual privity, stating: “First, notwithstanding East River, [ 476 U.S. 858 ,] under the Kansas Product Liability Act, both direct and consequential economic loss are not included as recoverable ‘harm.’ K.S.A. 60-3302(c). | 4 | 1999–2017 |
Wausau Tile, Inc. v. County Concrete Corp.
green
2 sentences2019App. 2d at 744 (quoting Wausau Tile, Inc. v. County Concrete Corp., 226 Wis. 2d 235, 249 , 593 N.W.2d 445 [1999]). 4 Applying this rule, the lower court reasoned that the fire damage to the homes was actually damage to the product itself and must therefore be considered a nonrecoverable economic loss. 2001We conclude, as did the Wisconsin court in Wausau, that “[d]amage by a defective component of an integrated system to either the system as a whole or other system components is not damage to ‘other property’ which precludes the application of the economic loss doctrine.” 593 N.W.2d at 452 . | 3 | 2001–2019 |
Elite Professionals, Inc. v. Carrier Corp.
green
2 sentences2019On appeal, the Court of Appeals ably summarized the common-law development of the economic loss doctrine in Kansas: "Economic loss is defined as 'loss of use of the defective product, cost of replacing the product, loss of profits to plaintiff's business, or damage to plaintiff's business reputation from use of the product.' Elite Professionals, Inc. v. Carrier Corp., 16 Kan. 2004Unlike the first type of risk, where liability is limited to the cost of replacement or repair, the duty imposed by law (tort liability) subjects the builder to unlimited liability.” (Emphasis added.) The principles of the economic loss doctrine were discussed in Elite Professionals, Inc. v. Carrier Corp., 16 Kan. | 2 | 2004–2019 |
Rinehart v. Morton Buildings, Inc.
green
2 sentences2017App. 2d 910, 917 , 304 P.3d 689 (2013). 9 Also in 2013, the Kansas Supreme Court reexamined the economic loss doctrine in Rinehart, 297 Kan. 926 . 2017Our Supreme Court held that "negligent misrepresentation claims are not subject to the economic loss doctrine because the duty at issue arises by operation of law and the doctrine's purposes are not furthered by its application under these circumstances." 297 Kan. at 941 . | 1 | 2017–2017 |
Coker v. Siler
neutral
1 sentence2017App. 2d 910, 917 , 304 P.3d 689 (2013). 9 Also in 2013, the Kansas Supreme Court reexamined the economic loss doctrine in Rinehart, 297 Kan. 926 . | 1 | 2017–2017 |
Mahler v. Keenan Real Estate, Inc.
green
1 sentence2013See Restatement (Second) of Torts § 552; Mahler, 255 Kan. at 604 . | 1 | 2013–2013 |
Huron Tool and Engineering Co. v. Precision Consulting Services, Inc.
green
2 sentences2011See e.g., Hotels of Key Largo, Inc. v. RHI Hotels, 694 So.2d 74, 78 (Fla.Dist.App.1997); Huron Tool v. Precision Consulting Servs., 209 Mich. App. 365, 370-74 , 532 N.W.2d 541 (1995); Wickenhauser v. Lehtinen, 302 Wis.2d 41 , 734 N.W.2d 855, 868-69 (2007); see also Anzivino, 90 Marq. 2011See e.g., Hotels of Key Largo, Inc. v. RHI Hotels, 694 So.2d 74, 78 (Fla.Dist.App.1997); Huron Tool v. Precision Consulting Servs., 209 Mich. App. 365, 370-74 , 532 N.W.2d 541 (1995); Wickenhauser v. Lehtinen, 302 Wis.2d 41 , 734 N.W.2d 855, 868-69 (2007); see also Anzivino, 90 Marq. | 1 | 2011–2011 |
AFFILIATED FM v. LTK Consulting Services
green
1 sentence2011See Town of Alma, 10 P.3d at 1262 ; Eastwood v. Horse Harbor Found., 170 Wash. 2d 380, 387 , 241 P.3d 1256 (2010) (“The term ‘economic loss rule’ has proved to be a misnomer.”); Affiliated FM Ins. v. LTK Consulting, 170 Wash. 2d 442, 449 , 243 P.3d 521 (2010). | 1 | 2011–2011 |
Affiliated FM Insurance v. LTK Consulting Services, Inc.
green
1 sentence2011See Town of Alma, 10 P.3d at 1262 ; Eastwood v. Horse Harbor Found., 170 Wash. 2d 380, 387 , 241 P.3d 1256 (2010) (“The term ‘economic loss rule’ has proved to be a misnomer.”); Affiliated FM Ins. v. LTK Consulting, 170 Wash. 2d 442, 449 , 243 P.3d 521 (2010). | 1 | 2011–2011 |
All-Tech Telecom, Inc. v. Amway Corporation
green
2 sentences2011But in discussing the economic-loss doctrine's application to intentional fraud, Judge Richard Posner has suggested that imposing punitive damages is not the most efficient method of dealing with fraudulent conduct: "It is true that, in principle, the cheapest way to prevent fraud is to punish the fraudfeasor; but in practice, owing to the ever-present possibility of legal error, the really cheapest way in some cases may be to place a burden of taking precautions on the potential victim." All-Tech Telecom, 174 F.3d at 866 . 2011Judge Posner qualified his statements, however, noting that if the economic-loss doctrine was stretched too far in barring tort claims, the resulting purchaser-beware policy would carry its own inefficiencies because "prospective parties to contracts will be able to obtain legal protection against fraud only by insisting that the other party to the contract reduce all representations to writing, and so there will be additional contractual negotiations, contracts will be longer, and, in short, transaction costs will be higher." All-Tech Telecom, 174 F.3d at 867 . | 1 | 2011–2011 |
Seely v. White Motor Co.
green
2 sentences2011Seely v. White Motor Co., 63 Cal. 2d 9 , 45 Cal. Rptr. 17 , 403 P.2d 145 (1965). 2011Seely v. White Motor Co., 63 Cal. 2d 9 , 45 Cal. Rptr. 17 , 403 P.2d 145 (1965). | 1 | 2011–2011 |
Robinson Helicopter Co., Inc. v. Dana Corp.
green
2 sentences2011Robinson Helicopter Co., Inc. v. Dana Corp., 34 Cal.4th 979, 988 , 22 Cal. Rptr.3d 352 , 102 P.3d 268 (2004). 2011Robinson Helicopter Co., Inc. v. Dana Corp., 34 Cal.4th 979, 988 , 22 Cal. Rptr.3d 352 , 102 P.3d 268 (2004). | 1 | 2011–2011 |
Sapp v. Ford Motor Co.
green
2 sentences2011Sapp. v. Ford Motor Co., 386 S.C. 143, 147 , 687 S.E.2d 47 (2009). 2011Sapp. v. Ford Motor Co., 386 S.C. 143, 147 , 687 S.E.2d 47 (2009). | 1 | 2011–2011 |
| Calloway v. City of Reno green | 1 | 2004–2004 |
| Danforth v. Acorn Structures, Inc. green | 1 | 2004–2004 |
| Full Faith Church of Love West, Inc. v. Hoover Treated Wood Products, Inc. green | 1 | 2004–2004 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.