Eastman Chemical Co. v. Niro, Inc.

How courts have described this case

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

• noting that the economic-loss rule will only preclude a tort cause of action when “the claim is for breach of duty created solely by contract rather than a duty imposed by law” (emphasis in original)
• characterizing the inquiry as whether § 719(2) trumps § 719-(3) or the two provisions are free-standing
• applying Texas law to plaintiffs tort claims and Tennessee law to plaintiffs breach of contract and breach of warranty claims
• “[A] majority of jurisdictions to consider the question ha[ve] concluded that a waiver of consequential damages can be valid notwithstanding the fact that a limitation of remedy has failed of its essential purpose.”

Source: CourtListener parenthetical corpus (CC0).