Under the economic loss rule, a party suffering only an economic loss from the breach of an express or implied contractual duty may not assert a tort claim for the breach,
By George H. Friedman, SAA Editor-in-Chief
A case heard by the Ninth Circuit on February 13 addressed the validity of FINRA’s negative views on class action waivers in employment arbitration agreements.
By David C. Franceski, Jr.
*Under Delaware law, fraudulent misrepresentation need not be overt; deliberate concealment of a material fact or silence in the face of a duty to speak is enough.