Economic Loss Rule -- When It All Comes Down!

The Florida Supreme Court's recent decision to abrogate the economic loss rule (except in product liability cases) has started to work its way into the case law, including this new 11th Circuit opinion:

The Supreme Court of Florida answered its question in the negative and held that the application of the economic loss rule was limited to products liability cases. Accordingly, based on the opinion the Supreme Court of Florida filed with the Eleventh Circuit Court of Appeals on March 11, 2013, and attached hereto as “Appendix I,” we vacate the district court’s grant of summary judgment in favor of Marsh on Tiara’s claims for negligence and breach of fiduciary duty and remand those claims for the district court to reconsider them in light of the Supreme Court of Florida’s opinion.

Note to Justices Canady and Polston: The sky is falling, the sky is falling!