· 1/13/1993
Theuerkauf v. United Vaccines Division of Harlan Sprague Dawley, Inc.
Citations
- 821 F. Supp. 1238
- 22 U.C.C. Rep. Serv. 2d (West) 694
- 1993 U.S. Dist. LEXIS 5436
- 1993 WL 178719
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that allowing plaintiffs to defeat the economic loss doctrine by seeking punitive damages “would swallow the [d]octrine”
- declining to address, but recognizing as distinct, the issue whether the economic loss doctrine applies under Michigan law to a claim of fraud in the induce ment arising independent of a contract
- “Allowing plaintiff to defeat the Economic Loss Doctrine by seeking compensation for emotional distress and punitive damages would also swallow the Doctrine.”
- mink rancher’s tort action against vaccine manufacturer for loss of stock barred by economic loss doctrine
- tort claim for death of rancher's minks caused by defective vaccine was barred because loss was the natural, foreseeable result of the product 5 defect
- “[T]he only remedy for claims relating to the performance of the product, such as a claim that the product did not work as it was supposed to work, may be brought under contract law.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Quist
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