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Case Citations [1] (July 2017 through April 2018)

handle is hein.ali/restate0328 and id is 1 raw text is: TORTS 2D Generally D.Alaska Bkrtcy.Ct.2017. Cit. generally in sup. Creditor brought an adversary proceeding against Chapter 7 debtor who formerly worked for creditor, alleging that debtor was liable to creditor for a nondischargeable debt in connection with a loan that he persuaded creditor's board to extend to creditor's competitor without disclosing that he had tendered his resignation from creditor and had begun working for competitor. After a bench trial, this court found that the debt was nondischargeable on grounds of fraud. The court relied on various provisions of the Restatement Second of Torts, noting that the Restatement was the most widely accepted distillation of the common law of torts, that the Supreme Court and the Ninth Circuit regularly turned to the Restatement for guidance in applying common-law tort principles to claims for exceptions to discharge on grounds of fraud, and that the Alaska Supreme Court frequently applied the Restatement in cases involving fraud claims. In re Beach, 570 B.R. 300, 325. E.D.Cal.2017. Cit. generally in sup. In a dispute between Chapter 13 debtors and secured creditor that held a note and deed of trust on debtors' home, this court held that creditor willfully violated debtors' automatic stay on multiple occasions, such that debtors were entitled to punitive damages, as well as actual damages for both economic and emotional harm, under the Restatement Second of Torts. The court noted that federal courts, including the Supreme Court, commonly found influential the tort- damages principles articulated in the Restatements when, as here, damages were a question of federal law and there was no controlling formal precedent. Sundquist v. Bank of America, N.A., 566 B.R. 563, 588, 593. D.D.C.2017. Cit. generally in disc. In an action brought under the Foreign Sovereign Immunities Act (FSIA) against the Islamic Republic of Iran and the Syrian Arab Republic by parents, grandparents, and estate of an infant killed in a terrorist attack, this court granted plaintiffs' motion for default judgment, holding that plaintiffs demonstrated satisfactory evidence establishing the elements of the terrorism exception to the FSIA and that the attack was an extrajudicial killing for which defendants acted as state sponsors. The court noted that general principles of tort law as set forth in the Restatement Second of Torts was applied in cases arising under the terrorism exception, because the FSIA did not provide guidance on the substantive bases for liability for any private right of action. Braun v. Islamic Republic of Iran, 228 F.Supp.3d 64, 78. D.D.C.2017. Cit. generally in disc. In an action brought under the terrorism exception to the Foreign Sovereign Immunities Act (FSIA) by U.S. citizen and others injured in a Hamas bus attack in Israel against the Islamic Republic of Iran, this court granted plaintiffs' motion for default judgment, holding that they demonstrated defendant's liability for their injuries under theories of battery, intentional infliction of emotional distress, and solatium. The court explained that courts defined the contours of liability under the FSIA by reference to Restatement Second of Torts, because, although it provided for a For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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