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Unpublished Paper
Intangible Economic Loss in Louisiana
ExpressO (2012)
  • John Stanton
Abstract
This casenote follows the development of caselaw in Louisiana addressing the problem of intangible economic loss, (i.e., pure economic loss or supply-chain liability), an issue which all jurisdictions struggle to handle consistently. In particular, the piece notes the tension between the practicality of the Robins Dry Dock prohibitory rule and the equitable nature of using the standard negligence analysis. After noting the current state of confusion, a proposed way forward is suggested that allows for meritorious claims even without a proprietary interest, but does not allow for the industry-crippling liability of which the Robins Dry Dock progeny feared.
Keywords
  • intangible economic loss,
  • pure economic loss,
  • supply chain liability,
  • prohibitory rule,
  • bright line rule,
  • duty / risk analysis
Disciplines
Publication Date
October 7, 2012
Citation Information
John Stanton. "Intangible Economic Loss in Louisiana" ExpressO (2012)
Available at: http://works.bepress.com/john_stanton/1/