Miami-based partner Mark Romance was quoted in an article, "Civil Theft Claims Not Barred by Economic Loss Rule," which appeared in Litigation News, a publication of the American Bar Association, Section of Litigation. The article focuses on a Colorado Supreme Court ruling in Bermel v. BlueRadios, Inc. which found that the economic loss rule does not bar a statutory claim for civil theft, even where the theft also beaches the parties' contract. The ruling points to a continuing trend toward limitations on the rule. "The economic loss rule at one point was very broad but now is becoming more narrow, and the Bermel court's ruling demonstrates the trend toward limiting application of the rule," said Romance, who serves as vice-chair Section of Litigation's Commercial & Business Litigation Committee.
As noted in the article, even in the context of a breached contract, there is also a broader trend of courts recognizing a legislature's ability to decide when a party can recover tort damages. "The Colorado court's ruling reinforces the legislature's power to create causes of action that trump common law claims," Romance commented. The piece also notes that some states still apply the economic loss rule to limit statutory causes of action, and suggests that practitioners exercise caution before disregarding common law principles when determining appropriate relief for tort claims. According to Romance, "The line between torts and contracts has always been blurred. Tort claims are grounded in common law, and that common law shouldn’t be completely ignored simply because the parties have a contract." Further, he noted "When you are pursuing claims on behalf of your clients, you want to look not only to traditional common law claims involving contracts, but also to statutory remedies that may not be popular or often used, but may provide a remedy."
Day Pitney Advisory
On November 18, Darian Butcher will co-chair the Massachusetts Bar Association (MBA) webinar, "Current State of Business/Commercial Litigation in the Superior Courts During the COVID-19 Pandemic."
Day Pitney Partner Joy Harmon Sperling will present on a panel entitled "How to Navigate Debt Collection Restrictions, Manage Liquidity Challenges, and Reconcile Opposing Demands from Consumers and Investors as a Servicer," at the 27th American Conference Institute National Forum on Residential Mortgage Regulatory Enforcement and Litigation.
James Rotondo and Andrew Ammirati co-authored the article, "Ohio: 'Control' determines whether Amazon is subject to strict liability," for Westlaw Today.
On September 29, Christopher Droney and Chase Rogers provided appellate advice to the Appellate Advocacy Section of the Connecticut Bar Association. Judge Droney (ret.) and Justice Rogers (ret.) shared insights on the differences between state and federal appellate practice from their unique perspectives as former appellate jurists who are now in private practice.
Eric Sussman was quoted in the Hartford Business Journal article, "Employers face tough choices as COVID-19 vaccine rollout nears."
Judge Christopher Droney was quoted in the Connecticut Law Tribune article, "What Are Some ADR Trends Since COVID-19?"
Day Pitney Press Release
Adam Myron, senior counsel resident in Day Pitney's West Palm Beach office, is running for judge in south Florida.
Day Pitney Press Release