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Case Citations July 2015 through February 2016 [1] (2015-2016)

handle is hein.ali/relwtrts0325 and id is 1 raw text is: 





                                        TORTS





  Generally

  D.N.M.2014. Cit. generally in case cit. in sup. In a case in which cancer-treatment facility filed, inter
  alia, an unfair-competition claim against owner of hospitals and insurance companies, this court denied
  in part defendant's motion for summary judgment, holding that plaintiff alleged sufficient facts to
  support that claim. In making its decision, the court relied on Restatement Third of Unfair Competition
  § 1, but acknowledged that the New Mexico Supreme Court had previously looked to the Restatement of
  Torts for guidance on other matters. New Mexico Oncology and Hematology Consultants, Ltd. v.
  Presbyterian Healthcare Services, 54 F.Supp.3d 1189, 1236.



       DIVISION   ONE.  INTENTIONAL HARMS TO PERSONS, LAND AND CHATTELS

         CHAPTER 2.   INTENTIONAL INVASIONS OF INTERESTS IN PERSONALITY

           TOPIC  5. THE INTEREST IN FREEDOM FROM EMOTIONAL DISTRESS

  § 46. Conduct Intended to Cause Emotional Distress Only

  Wash.App.2015. Cit. and quot. in disc., quot. in case quot. in disc.; Supp. (1948) cit. in disc., cit. and
  quot. in case cit. in sup. Former employee filed, among other things, an outrage claim against former
  employer that was located on land that had become a federal enclave, alleging that plaintiff suffered
  workplace harassment based on his sexual orientation. The trial court granted summary judgment for
  defendant and dismissed the complaint for lack of subject-matter jurisdiction. Affirming in part, this
  court held that defendant was entitled to summary judgment pursuant to the doctrine of federal enclave,
  which barred state-law causes of action arising from events occurring on a federal enclave if the cause of
  action did not exist in state law at the creation of the enclave. The court explained that plaintiff's claim
  failed here because, prior to the creation of the enclave, an outrage claim did not exist under common-
  law, nor under Restatement of Torts § 46, and was only later recognized in Washington and under a
  1948 Supplement to the Restatement. Peoples v. Puget Sound's Best Chicken!, Inc., 185 Wash.App.
  691, 699, 700, 345 P.3d 811, 815.



                    CHAPTER 5.   ARREST AND PREVENTION OF CRIME

                                      TOPIC  1. ARREST

                         TITLE  B. CONDITIONS OF THE PRIVILEGE

                                  SUBTITLE   I. IN GENERAL




mAn Lw      For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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