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Case Citations [1] (July 2019 - August 2020)

handle is hein.ali/relwtrts0334 and id is 1 raw text is: TORTS Generally D.Mass.2019. Cit. generally in disc. In a putative class action filed by third-party car-insurance claimant, who sought to recover from insurer of motorist who damaged his vehicle for inherent diminution in value-defined by the difference between the market value of a car immediately before an accident and its market value post-collision after it was fully repaired-this court granted summary judgment for insurer, holding that the state's standard automobile insurance policy did not provide coverage for inherent diminution in value. The court rejected claimant's argument that, under the Restatement of Torts, inherent diminution in value was a form of damage that was generally recoverable in tort. Martins v. Vermont Mutual Insurance Company, 411 F.Supp.3d 166, 169. D.N.M.2019. Cit. generally in cases quot. in ftn. Consumer filed various claims against, among others, seller of a discounted medical-benefit plan, alleging that an insurance broker, acting on behalf of seller, repeatedly called and texted her cellular telephone number without her consent. This court denied in part seller's motion to dismiss, holding, inter alia, that consumer stated a claim for civil conspiracy under New Mexico law by alleging wrongful acts and a close relationship between seller and broker. The court noted that the Supreme Court of New Mexico had been very willing to adopt the view of the Restatement of Torts to assist in the development of new tort areas, and that it had adopted large swaths of tort law from the Restatement Second of Torts. Mohon v. Agentra LLC, 400 F.Supp.3d 1189, 1239. DIVISION ONE. INTENTIONAL HARMS TO PERSONS, LAND AND CHATTELS CHAPTER 2. INTENTIONAL INVASIONS OF INTERESTS IN PERSONALITY TOPIC 1. THE INTEREST IN FREEDOM FROM HARMFUL BODILY CONTACT § 13. Battery; Harmful Contact Okl.2019. Cit. and quot. in conc. op., cit. in ftn. to conc. op. (general cite). Administrator of employee's estate brought a wrongful-death claim against employer, alleging that defendant had required decedent to unhook himself from a safety lanyard while performing roofing work, despite knowing that doing so would result in decedent falling to his death, and that a state statute excluding substantially certain injuries from its definition of an intentional tort in the context of workers' compensation claims was unconstitutional. The trial court granted defendant's motion to dismiss. The court of appeals reversed and remanded. This court vacated the opinion of the court of appeals and reversed and remanded the opinion of the trial court, holding, inter alia, that defendant's conduct constituted an intentional tort under Restatement Second of Torts § 8A based on defendant's substantial certainty that its conduct would result in decedent's death. The concurring opinion observed that § 8A and Restatement of Torts § 13 reflected modern tort jurisprudence by including the substantially certain standard within intentional torts. Wells v. Oklahoma Roofing & Sheet Metal, L.L.C., 457 P.3d 1020, 1030-1032. COPYRIGHT ©2020 By THE AMERICAN LAW INSTITUTE All rights reserved 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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