Galbut Beabeau, P.C. attorneys Grant H. Frazier and Justin J. Larson co-authored the law journal article “When the Rule Invites the Exceptions: How the Arizona Supreme Court's Attempt to Clarify the Economic Loss Rule in Flagstaff Affordable Housing Has Led to Discontinuity in Subsequent Application,” which was recently published in the Winter 2021 Issue of the Barry Law Review, housed at the Barry University School of Law.
The article addresses the development of Arizona’s economic loss rule, which in certain situations precludes a contracting party from pursuing tort claims for purely economic losses. The Arizona Supreme Court adopted the economic loss rule decades ago, and reaffirmed its limited application in the now leading case of Flagstaff Affordable Housing Limited Partnership v. Design Alliance, Inc.
Grant and Justin examine subsequent application of the economic loss rule following the Flagstaff Affordable Housing court’s decision and analyze its implications on the agency and/or fiduciary relationship between architects and homeowners.
Grant is a prolific author, with scholarly works published by Harvard, Georgetown, USC, ASU, UC Hastings, St. Mary’s, and Barry University law schools, as well as by Dartmouth and Pomona Colleges. His scholarship has addressed a range of topics including serum-based tests to objectively diagnose traumatic brain injury, the implementation of employer-sponsored wellness programs, CRISPR-Cas9 gene editing, economic espionage, Arizona’s Regulatory Sandbox, Arizona’s economic loss rule, heuristic methods for assessing liability frameworks to optimize policymaking for the Fourth Industrial Revolution, and the U.S. Senate’s role in the confirmation process for U.S. Supreme Court nominees.
Justin enjoys writing on Arizona legal issues, drawing on his experience as a judicial law clerk for a judge on the Arizona Court of Appeals, Division One. He has published works about the Arizona Department of Revenue’s tax treatment of leased residential solar panels in the American Bar Association (ABA)’s science and technology journal, Jurimetrics Journal, and now the development of Arizona’s economic loss rule in the Barry Law Review.