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."
Judge Christopher Droney (ret.) and Matthew Austin co-authored the article, "The Investigation and Enforcement Landscape Under the Garland Department of Justice," for the New York Law Journal.
Michael Furey authored the article, "Joint Representations: A Blessing or a Curse?" for the New Jersey Law Journal.
Elizabeth Sher, a partner in the litigation department and General Counsel of the Firm, served as co-editor of the 2021 edition of New Jersey Federal Civil Procedure, the leading treatise on federal practice in New Jersey, published by American Lawyer Media (ALM).
On December 17, Judge Christopher Droney served as a panelist for the Federal Bar Council webinar, "Remote Proceedings Update."
Day Pitney Advisory
West Palm Beach partner Tasha Dickinson was featured in a profile in the Boca Raton Observer.
Judge Christopher Droney, former Second Circuit Judge was interviewed by Westlaw Today's Alison Frankel about the role of politics in judges' decisions about stepping down, how courts treat senior judges and his own experience since he has left the court.
Christina Livorsi was quoted in the Reuters Legal article, "NY high court revives foreclosure actions, clarifies law."
Day Pitney Press Release
Chase T. Rogers was quoted in the Law360article, "4 Key Points in Conn. Judiciary's Proposal On Juries & Race."