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Economic Harm

Original Creator: Jonathan Zittrain Current Version: Samantha Bates Show/Hide
  1. 1 Show/Hide More People Express Airlines, Inc. v. Consolidated Rail Corp.--"The Evacuated Airport"
    Original Creator: Jonathan Zittrain Current Version: Samantha Bates
    Should courts support a negligence cause of action where the injury is purely economic? If so, how far should courts extend the boundaries of the negligent actor's liability?
    Notes:
    The defendants' negligence led to the risk of a tank car exploding. The business operations of plaintiff's airline—which was within a one-mile radius of the tank car—was interrupted due to a forced evacuation by municipal authorities. Ultimately, no explosion resulted and there was no property damage suffered by the plaintiff. However, plaintiff sued the defendants on the theory that their negligence resulted in economic loss due to the disruption of plaintiff's business activities.
  2. 2 Show/Hide More Koch v. Consolidated Edison Co.-- "The New York Blackout Case"
    Original Creator: Jonathan Zittrain Current Version: Samantha Bates
    When a public utility fails to provide its services, should it be liable for possible economic harm flowing from the disruption in service?
    Notes:
    Defendant electric-power company negligently caused a blackout. Plaintiff municipality sued for the increased overtime wages of police, fire, sanitation and hospital personnel as a consequence of the blackout; other plaintiffs sued for lost sales, transfers, transactions, tolls and fares not paid; and lastly, some plaintiffs sued for property damage resulting from looting and vandalism by rioters.
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Playlist Information

January 18, 2016

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Samantha Bates

Research Associate

Harvard Law School, Berkman Center

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