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Case Citations [i] (2016)

handle is hein.ali/restate0326 and id is 1 raw text is: TORTS 2D Generally C.A.3, 2016. Cit. generally in ftn. In a products-liability and negligence action arising from a fatal airplane crash, widow of deceased pilot asserted claims for defective design and failure to warn against manufacturer of the airplane's engine. The district court granted partial summary judgment for manufacturer on its design-defect claim. Reversing on interlocutory appeal, this court held that widow's design-defect claim was not preempted by the Federal Aviation Act. In making its decision, the court noted that it applied the Restatement Third of Torts: Products Liability to products-liability cases, rather than the Restatement Second. Sikkelee v. Precision Airmotive Corp., 822 F.3d 680, 686. C.A.9, 2016. Cit. generally in case cit. in sup. Decedent's heirs brought claims sounding in strict liability, inter alia, against shipbuilders, alleging that decedent developed mesothelioma and subsequently died as a result of his exposure to asbestos insulation while serving aboard naval warships constructed by defendants. The district court granted summary judgment for defendants. Affirming, this court held that the warships in question were not products under maritime law for purposes of maintaining an action in strict liability. In making its decision, the court noted that the U.S. Supreme Court had cited both the Restatement Second of Torts and the Restatement Third of Torts: Liability for Physical and Emotional Harm in evaluating maritime products-liability actions. McIndoe v. Huntington Ingalls Inc., 817 F.3d 1170, 1173. D.D.C.2016. Cit. generally in sup. Families and estates of two American victims of a terrorist attack in Jordan brought an action under the Foreign Sovereign Immunities Act (FSIA) against Syrian Arab Republic and Syrian Military Intelligence, alleging that defendants sponsored the attack and were therefore responsible for victims' deaths. After defendants failed to enter appearances or defend against plaintiffs' claims, this court granted plaintiffs' motion for a default judgment, finding that defendants were jointly and severally liable for victims' deaths, and awarded damages. The court noted that, although the FSIA provided a private right of action, it provided no guidance on the substantive bases for liability to determine a plaintiff's entitlement to damages; consequently, courts applied general principles of tort law, such as the ones set forth in the Restatement Second of Torts, to determine liability. Thuneibat v. Syrian Arab Republic, 167 F.Supp.3d 22, 38. N.J.Super.App.Div.2016. Cit. generally in disc. Property owner brought a private-nuisance claim, inter alia, against owners of adjacent property, alleging that underground roots from trees on defendants' property caused damage to plaintiff s cinder-block retaining wall. After a bench trial, the trial court entered judgment for defendants. This court affirmed, holding that a possessor of land was not liable for physical harm caused to others outside of the land where, as here, the harm was caused by a natural condition on the land. In the course of its discussion, the court noted that New Jersey courts had generally turned to the Restatement Second of Torts in analyzing nuisance claims. Scannavino v. Walsh, 136 A.3d 948, 951-953. A L I For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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