John Van Rees, Sr., D/b/a Exquisitecrystals.com, Petitioner v. Unleaded Software, Inc., A/k/a the Unleaded Group…

Summary

The court held that the economic loss rule did not bar tort claims based on alleged pre-contractual misrepresentations that induced the plaintiff to enter the contracts, because those allegations implicated an independent tort duty. It affirmed dismissal of the civil theft claim for failure to allege a knowing deprivation of a specific thing of value and affirmed dismissal of the consumer-protection claim for failure to allege a significant public impact. The court therefore affirmed in part, reversed in part, and remanded for further proceedings.