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CHMM, LLC v. FREEMAN MARINE EQUIPMENT, INC.

No. 13-35163.

791 F.3d 1059 (2015)

CHMM, LLC, Plaintiff-Appellant, v. FREEMAN MARINE EQUIPMENT, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 29, 2015.

Attorney(s) appearing for the Case

Brian P.R. Eisenhower , Anthony J. Pruzinsky (argued), Hill Rivkins LLP, New York, New York; David R. Boyajian , Colin J. Folawn , Daniel F. Knox , Schwabe, Williamson & Wyatt, Portland, OR, for Plaintiff-Appellant.

Jay W. Beattie (argued), James P. McCurdy , Lindsay, Hart, Neil & Weigler, Portland, OR; David W. Lannetti , Edward J. Powers , Vandeventer Black LLP, Norfolk, VA, for Defendant-Appellee.

Before: ALEX KOZINSKI, RAYMOND C. FISHER and ANDRE M. DAVIS, Circuit Judges.

OPINION

The economic loss doctrine precludes recovery against a manufacturer for physical damage that the manufacturer's defective product causes to the "product itself." E. River S.S. Corp. v. Transamerica Delaval Inc., 476 U.S. 858, 866-71, 106 S.Ct. 2295, 90 L.Ed.2d 865...

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