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Case Citations [i] (Spring 2026)

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                             THE AMERICAN


                             LAW INSTITUTE



                                     Spring 2026 Citations



 TORTS 3D: LIABILITY FOR ECONOMIC HARM



            CHAPTER 1. UNINTENTIONAL INFLICTION OF ECONOMIC LOSS

§ 1. Liability for the Unintentional Infliction of Economic Loss: General Principles

Me.2025. Subsec. (1) quot. in sup., com. (a) cit. in sup. Non-profit corporations that operated hospitals
in Maine filed claims for, among other things, negligence against sellers involved in marketing and
distributing prescription opioids, alleging that sellers caused an opioid epidemic that required hospitals
to incur high costs of care for patients diagnosed with opioid misuse, addiction, and dependency, with
only partial reimbursement from private and government insurance. After a hearing, the trial court
granted sellers' motions to dismiss. This court affirmed, holding that sellers were not liable to hospitals,
because they did not have a tortious intent to inflict economic loss on hospitals under Restatement Third
of Torts: Liability for Economic Harm § 1. The court explained that the fundamental shortcoming of
hospitals' argument was that they did not directly suffer the harm allegedly caused by sellers' wrongful
conduct; rather, hospitals incurred indirect economic losses that were not necessarily compensable as a
matter of law. Eastern Maine Medical Center v. Walgreen Co., 331 A.3d 380, 389.

§ 2. Economic Loss Defined

N.D.Cal.2024. Quot. in ftn. In multi-district litigation, school districts and local government entities, on
behalf of children and adolescents, sued social-media companies for, among other things, negligence
under the laws of 19 states, alleging that defendants deliberately designed their social-media platforms
to foster addiction in minors, requiring plaintiffs to spend substantial financial resources to mitigate the
mental health and behavioral issues that minors suffered from their addiction. This court denied in part
defendants' motion to dismiss plaintiffs' claims based on Illinois' economic-loss doctrine, holding that
plaintiffs' alleged damages in the form of resource expenditures to mitigate the consequences of mental-
health harms did not stem from a loss of profits or an unexpectedly defective product, as required to
constitute economic loss under Illinois law. The court noted that Restatement Third of Torts: Liability
for Economic Harm  § 2 defined economic loss in broad terms as pecuniary damage not arising from
injury to the plaintiffs' person or from physical harm to the plaintiffs' property. In re Social Media
Adolescent Addiction/Personal Injury Products Liability Litigation, 754 F.Supp.3d 946, 980.


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