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Case Citations [1] (April 2023 - August 2023)

handle is hein.ali/relwtrts0339 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2023 Citations TORTS Generally C.A.5, 2022. Cit. generally in ftn. Consumer filed a class action against debt collector, alleging that it violated the Fair Debt Collection Practices Act by sending her a letter demanding that she pay a delinquent utility debt without disclosing that the limitations period on that debt had run. The district court granted consumer's motion for class certification. This court vacated and remanded with instructions to dismiss for lack of standing, holding that consumer failed to show that she suffered an injury that had a close relationship to a harm traditionally recognized as providing a basis for a lawsuit in American courts. The court noted that it had previously relied on both the Restatement of Torts and the Restatement Second of Torts in establishing the nature of several types of concrete harms for standing purposes. Perez v. McCreary, Veselka, Bragg & Allen, P.C., 45 F.4th 816, 824. C.A.7, 2022. Cit. generally in ftn. to diss. op. Consumer brought a putative class action against debt- collection agency, alleging that defendant violated the Fair Debt Collection Practices Act when it sent plaintiff a collection letter informing her that she was pre-approved for a discount payment plan for the payment of her debts, for which the statute of limitations had passed. The district court granted plaintiff's motion for summary judgment. This court vacated and remanded, holding that plaintiff's confusion and emotional distress, which arose from her concern about being sued for what appeared to be a restarted debt, did not constitute a concrete injury giving her standing to bring suit under Article III. The dissent argued that the majority erred in broadly rejecting standing based on injuries caused by psychological states induced by violations of the Act, and pointed out that the Restatement of Torts, the Restatement Second of Torts, and the Restatement Third of Torts: Liability for Physical and Emotional Harm recognized compensable, intangible injuries arising from tortious conduct. Pierre v. Midland Credit Management, Inc., 29 F.4th 934, 947. DIVISION TWO. NEGLIGENCE CHAPTER 16. THE CAUSAL RELATION NECESSARY TO RESPONSIBILITY FOR NEGLIGENCE TOPIC 1. CAUSAL RELATION NECESSARY TO THE EXISTENCE OF LIABILITY FOR ANOTHER'S HARM TITLE C. SUPERSEDING CAUSE COPYRIGHT C2023 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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