Anwar et al v. Fairfield Greenwich Limited et al

Filing 1137

ORDER: Accordingly, the Court grants plaintiffs leave to amend their complaints to replead the negligence claims that were previously dismissed or disallowed on the basis of Florida's economic loss rule as previously applied by Florida courts. (Signed by Judge Victor Marrero on 5/8/2013) (js)

,,-

..'"'-.,-------~,
'
,ll1snc SDNY .

.

11 DOCt '~lENT

.' FLECTRO:-"lC\LLY FlUiD

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

. )UC::

\§Ei~L~E,l);:,~='~~=:=!1

--------------------------------x

PASHA ANWAR, et al.,

09 Civ.

Plaintiffs,

0118

(VM)

ORDER

-againstFAIRFIELD GREENWICH LIMITED,
et al.,
Defendants.

------------------- ------------X

VICTOR MARRERO, UNITED STATES DISTRICT JUDGE.

In light of the recent ruling by the Florida Supreme
Court

in

Tiara

Companies,
2013)

I

Inc.,

Condo

Ass'n

SC10-1022

1

Inc.

v.

Marsh

WL 828003

2013

& McLennan

(Fla.

clarifying Florida's economic loss rule ,

Mar.

7,

the Court

has reconsidered its prior decisions in this action insofar
as

those rulings relied on the now abrogated Florida law

interpretation
plaintiffs

in

dismissing

alleging

Accordingly,

the

certain

Court

grants

claims

brought

theories
plaintiffs

of

by

the

negligence.

leave

to

amend

their complaints to replead the negligence claims that were
previously
Florida's

dismissed
economic

Florida courts.

or

loss

disallowed
rule

as

on

the

previously

basis

of

applied

by

SO ORDERED.
/'

Dated: New York, New York
8 May 2013

/'­

~~--V~I~C-T-O-R--MAR--~R~E=R~O~-----

U.S.D.J