McKesson Medical-Surgical, Inc. v. Kearney

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 Fourth Circuit “has continuously held that when a fraud precedes the formation of a contract, the duty breached is not contractual in nature, and . . . the economic loss rule does not apply
• holding economic loss doctrine did not bar “negligent fraud in the inducement, a subset of constructive fraud,” noting that the representations that formed the basis of the claim were made prior to the formation of the contract
• “[W]hen a fraud precedes the formation of a contract, the duty breached is not contractual in nature, and thus, the economic loss rule does not apply.”

Source: CourtListener parenthetical corpus (CC0).