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

handle is hein.ali/restate0333 and id is 1 raw text is: TORTS 2D Generally C.A.1, 2020. Cit. generally in sup. Homeowners filed an adversary proceeding against Chapter 7 debtor who contracted to renovate their home but abandoned the project before completing it, seeking a determination that their unsecured claim against debtor for the cost to finish the renovations was nondischargeable because debtor fraudulently induced them to hire him and misused their advance payments for his own personal enrichment. After a bench trial, the bankruptcy court ruled that the debt was dischargeable. The court of appeals reversed in part. This court vacated and remanded with instructions, holding that the bankruptcy court erred by, among other things, failing to consider whether debtor had committed false pretenses through implied misrepresentations. In making its decision, the court noted that actual fraud, understood in light of the common-law definition found in the Restatement Second of Torts, was broader than misrepresentation. In re Stewart, 948 F.3d 509, 521. D.Ariz.2019. Cit. generally in case quot. in sup. After charges against gun owner, who was indicted by a grand jury in connection with four random freeway shootings, were dismissed without prejudice for lack of evidence, this court granted summary judgment for county on owner's claim for malicious prosecution, holding that owner failed to present evidence sufficient to rebut the presumption of probable cause created by the indictment. The court found that the Arizona Supreme Court would likely conclude, consistent with Restatement Second of Torts § 664, that an indictment created a presumption of probable cause for purposes of a malicious-prosecution claim, noting that, in the absence of legal authority to the contrary, Arizona courts followed the Restatement Second of Torts. Merritt v. Arizona, 425 F.Supp.3d 1201, 1217. D.D.C.2019. Cit. generally in sup. and in case cit. in sup. Former captive and his sister brought an action under the terrorism exception of the Foreign Sovereign Immunity Act against the Islamic Republic of Iran, alleging that defendant detained former captive, tortured him for more than three years, and caused plaintiffs severe emotional distress. This court entered a default judgment against defendant, holding that plaintiffs alleged sufficient facts to support their claims. The court noted that the District of Columbia looked to the Restatement Second of Torts in establishing common-law principles for determining tort liability under the Act. Abedini v. Government of Islamic Republic of Iran, 422 F.Supp.3d 118, 132. D.D.C.2019. Cit. generally in cases quot. in sup. United States servicemembers and others filed a private cause of action against the North Korean government in connection with allegations that defendant was liable as a state sponsor of terrorism for the actions of its agents, who kidnapped, imprisoned, and tortured servicemembers for almost a year. After defendant failed to respond or appear, this court granted plaintiffs' motion for a partial default judgment, holding that defendant was liable to plaintiffs under the terrorism exception to the Foreign Sovereign Immunities Act. The court reasoned, in part, that plaintiffs showed that defendant was liable for its acts of torture, hostage-taking, and extrajudicial killing under well-established theories of liability found in the Restatement Second of Torts, including assault, battery, false imprisonment, and intentional infliction of emotional distress. Doe v. Democratic People's Republic of Korea Ministry of Foreign Affairs Jungsong-Dong, 414 F.Supp.3d 109, 122, 127. 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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