A Possible End To Pa. Court Split Over Economic Loss

Law360, New York (October 6, 2014, 10:18 AM EDT) -- Pennsylvania federal and state courts are split on whether the economic loss and "gist of the action" doctrines apply in claims brought under Pennsylvania's Unfair Trade Practices and Consumer Protection Law. Because the Third Circuit predicted that the Pennsylvania Supreme Court would apply the economic loss doctrine in UTPCPL cases, federal courts are bound to and do follow that Third Circuit predictive ruling. By contrast, the Pennsylvania Superior Court has ruled that the economic loss and "gist of the action" doctrines do not apply to UTPCPL claims, so Pennsylvania state courts diverge from the rule followed by their federal counterparts. A case currently pending before the Pennsylvania Supreme Court, Grimes v. Enterprise Leasing Inc., No. 488 MAL 2013, could provide the platform for the court to resolve this split, although neither doctrine was included in the issues to be addressed on appeal....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!