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

handle is hein.ali/restate0332 and id is 1 raw text is: TORTS 2D Generally D.N.M.2019. Cit. generally in disc. Arrestee brought a lawsuit against, among others, police officer, alleging, inter alia, that defendant lacked the lawful authority to arrest him. This court granted defendant's motion for summary judgment, holding that plaintiff's claim for false arrest failed, because the record reflected that defendant had probable cause to effectuate the arrest. In making its decision, the court noted that New Mexico courts often looked to the Restatement Second of Torts in defining new areas of tort law. Favela v. City of Las Cruces ex rel. Las Cruces Police Department, 398 F.Supp.3d 858, 923, 924. D.N.M.2019. Cit. generally in disc. Arrestees brought, inter alia, a battery claim against police officers, alleging that defendants unjustifiably arrested them without a warrant. This court denied in part defendants' motion for summary judgment, holding that a reasonable jury could find that the unjustified arrests constituted battery. The court explained that it looked to the Restatement Second of Torts to define the elements of intentional torts, because New Mexico frequently adopted the Restatement for adjudicating other tort claims. Ward v. City of Hobbs, 398 F.Supp.3d 991, 1087. Utah, 2019. Cit. generally in disc. After trucking company brought a lawsuit against competitor, alleging intentional interference with a contract, this court answered a certified question from a district court and defined what constituted improper means. The court cited a Utah Supreme Court case that relied on Restatement of Torts § 766 and Restatement Second of Torts § 766 in defining improper means, noting that a majority of other jurisdictions at the time recognized the Restatements as being representative of tort law. C.R. England v. Swift Transportation Company, 437 P.3d 343, 348. DIVISION ONE. INTENTIONAL HARMS TO PERSONS, LAND, AND CHATTELS CHAPTER 1. MEANING OF TERMS USED THROUGHOUT THE RESTATEMENT OF TORTS § 4. Duty Fla.App.2019. Com. (b) quot. in ftn. Arrestee brought claims for negligence and false arrest against sheriff s office, alleging that he was arrested and detained for ten days based on a previously executed warrant that had not been properly voided due to an employee error. The trial court dismissed plaintiff's suit with prejudice, finding that defendant did not owe plaintiff a duty to ensure that the warrant was properly recorded in its system. This court reversed in part and remanded, holding that defendant's lack of duty did not preclude plaintiff from alleging a cause of action for the intentional tort of false arrest. The court noted that, under Restatement Second of Torts § 4, the concept of duty was rarely used in dealing with the invasions of legally protected interests by acts that were intended to invade them. Florez v. Broward Sheriff's Office, 270 So.3d 417, 421. COPYRIGHT 02020 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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