The Subrogation Strategist

By: Edward A. Jaeger, Jr. and William L. Doerler

In Rinehart, et. al. v. Morton Buildings, Inc., -- P.3d --, 2013 WL 3835833 (Kan. July 26, 2013), the Supreme Court of Kansas addressed the question of whether the economic loss doctrine (ELD) applied to bar a negligent misrepresentation claim by a party who was not in privity with the defendant, Morton Buildings, Inc. (Morton). Although the Court of Appeals of Kansas held that the doctrine did not apply because the plaintiff, Midwest Slitting, LLC (Midwest Slitting), was not in privity with Morton, the Supreme Court declined the ... Continue Reading