privity of contract cases

• The Restatement (Third) of Products Liability: Is It a Reasonable Alternative Design to Tennessee's Products Liability Statute?

First and foremost, the Restatement (Third) provides clearer definitions and should lead to a more uniform application of products liability principles to lawsuits. [...] the Restatement (Third) levels the playing field for manufacturers and sellers in design defect and warning defect cases, and its adoption should lead to less liabilityrelated expenses for manufacturers and sellers.

... the shift from a requirement of privity of contract with the defendant to strict liability...

• University of Memphis Law Review, The
• Vol. 39 Nbr. 2, January 2009

• Christian Bouriez v. Carnegie Mellon Univ, (3rd Cir. 2011)

...Later that year, CMU entered into a contractual relationship (the "sponsorship agreement") with th... whom the plea is asserted was a party in privity or in privity with a party to the prior adj...Rather, as we have noted in two recent cases, Pennsylvania‟s economic loss doctrine may ap...

• Federal Circuits

• Collateral Warranties - Time For Change?

The Contracts (Rights of Third Parties) Act 1999 has now been in.... Privity of Contract . As is well known, the Act creates an... of privity of contract with decisions in cases such as St. Martins Property Corporation v. Sir Ro...

• Mondaq Business Briefing
• Nbr. 2005, January 2005

• AFFILIATED FM INSURANCE CO. V. LTK CONSULTING, (9th Cir. 2009)

.... In 1999, under a separate contract, the City hired LTK to identify and repair problem.... None of the defendants were in privity of contract with the general contractor, so the ge...at 992. Thus, "[i]n cases involving construction disputes, the contracts ent...

• Federal Circuits

• LUMBERMENS MUTUAL CASUALTY CO v. US, (2011)

... improper progress payments made to the contractor is an equitable subrogation claim and is therefo.... It is clear that Lumbermens was not in privity of contract with the United States prior to execut...]" between the surety and obligee in such cases); Admiralty Constr., Inc. v. Dalton, 156 F.3d 1217...

• United States Court of Appeals for the Federal Circuit

• Douglas Asphalt Co., Joel Spivey, Kyle v. Qore, Inc., et al, Applied technical Serv, Inc., (11th Cir. 2011)

... This consolidated appeal arises from a contract dispute between Douglas Asphalt Company, including...R. Civ. P. 54(b). We note also that many cases recognize that a change in controlling law is one ... to Douglas, and, moreover, that Georgia's privity rule prohibits Douglas from basing a negligence cl...

• Federal Circuits

• The BP Spill and the Meaning of 'Gross Negligence or Willful Misconduct

• Louisiana Law Review
• Nbr. 71-3, April 2011

• Douglas Asphalt Co., Joel H. Spivey, Kyle Spivey v. Qore, Inc., et al, (11th Cir. 2011)

... This consolidated appeal arises from a contract dispute between Douglas Asphalt Company, including...R. Civ. P. 54(b). We note also that many cases recognize that a change in controlling law is one ... to Douglas, and, moreover, that Georgia's privity rule prohibits Douglas from basing a negligence cl...

• Federal Circuits

• Apostolos Group, Inc. v. BASF Constr. Chems., L.L.C., (Ohio 2011)

commercial consumer – Civ. 12(B)(6) – claim for breach of implied warranty

... parties to this case were not in privity with each other at               . - 3 -. 4�... and  noncommercial consumer in cases where the consumer is not in privity with the manufact... of privity of contract between the injured plaintiff  and the manufacturer-defen...

• Ohio Supreme Court

• Developers Diversified of Tenn v. The Tokio Marine & Fire Insurance, (6th Cir. 2011)

...Sub-contractor Holland Roofing installed the roof. . Const... no authority for this proposition, numerous cases from other jurisdictions are in accord with..., DD and Sports Authority were in privity of estate. First Am. Nat. . Bank v. Chicken Sys. o...

• Federal Circuits