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Case Citations [1] (July 2018 through April 2019)

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  TORTS 3D: LIABILITY FOR ECONOMIC HARM


                                      (DRAFTS)


             CHAPTER 1. UNINTENTIONAL INFLICTION OF ECONOMIC LOSS

  § 1. Liability For The Unintentional Infliction of Economic Loss: General Principles

  D.N.M.2018. Subsec. (a) quot. in case quot. in disc. (quoting § 1(a) of T.D. No. 1, 2012). Family
  members brought an action under the Federal Tort Claims Act (FTCA) against the United States, among
  others, alleging that, while informant was employed by the U.S. Drug Enforcement Agency (DEA), but
  unrelated to his activities as an informant, he sexually molested family's five-year-old son and, when he
  heard that father told people about the abuse, he murdered father in the presence of son. This court
  denied plaintiffs' motion to alter or amend the court's prior judgment dismissing all claims against the
  United States, holding that the United States did not owe a duty to plaintiffs under New Mexico law and
  thus did not owe a duty under the FTCA, which required an analogous theory of private-person liability
  under state law. The court cited New Mexico caselaw, which found, quoting Restatement Third of Torts:
  Liability for Economic Harm § 1 (T.D. No. 1, 2012), that, in that case, there was no duty to warn of
  foreseeable harm in light of policy concerns, and, here, a duty to warn certain members of the public of a
  confidential informant's dangerous propensities would be impermissibly creating new policy from
  whole cloth. Minor JGE v. United States, 311 F.Supp.3d 1254, 1261.



                        CHAPTER 2. LIABILITY IN TORT FOR FRAUD

  § 9. Fraud

  W.D.Mich.2018. Subsec. (b)(3) quot. in sup. (quoting § 9(b)(3) of T.D. No. 2, 2014). Property owners
  sued Chapter 7 debtor, alleging that debtor, debtor's husband, and husband's building company
  fraudulently converted funds that plaintiffs provided to defendants to construct a lake house on their
  property, and seeking a determination that debtor's debt to them arising from the fraud was
  nondischargeable. This court granted in part debtor's motion for summary judgment, holding that
  plaintiffs were not entitled to recover damages attributable to time spent by plaintiffs managing the
  project and researching crime upon their discovery that defendants fraudulently used and converted their
  funds. The court cited Restatement Third of Torts: Liability for Economic Harm § 9 (T.D. No. 2, 2014)
  in explaining that courts typically awarded tort damages to compensate for out-of-pocket expenses and
  losses caused by wrongful conduct, rather than for costs that a plaintiff did not actually incur. In re
  Stallman, 588 B.R. 780, 789.



                CHAPTER 3. INTERFERENCE WITH ECONOMIC INTERESTS

  § 19. Interference with Inheritance or Gift

                             COPYRIGHT 02019 By THE AMERICAN LAW INSTITUTE
                                          All rights reserved
AgI                                 Printed in the United States of America
           For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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