Cook v. Orkin Exterminating Co., Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that the 2 economic loss doctrine bars tort claims relating to a pest control company’s failure to 3 exterminate terminates
• noting a fiduciary duty is not established 5 from a plaintiff’s mere trust in another’s competence or integrity
• rejecting argument that a pest control company's specialized knowledge and expertise altered the arms-length nature of the transaction
• holding the economic loss rule barred plaintiffs’ tort claims
• “Generally, commercial transactions do not create a fiduciary 14 relationship unless one party agrees to serve in a fiduciary capacity.
• “Generally, commercial 8 transactions do not create a fiduciary relationship unless one party agrees to serve in a 9 fiduciary capacity.”

Source: CourtListener parenthetical corpus (CC0).