About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

Case Citations [1] (July 2020 - April 2021)

handle is hein.ali/restate0334 and id is 1 raw text is: TORTS 2D Generally C.A.11, 2020. Cit. generally in sup. Cruise-ship passenger brought a negligence action against cruise line, alleging that her arm was injured when she tried to sit on a chair in her cabin and the chair collapsed. The district court granted summary judgment for cruise line, finding that cruise line did not have notice that the chair was dangerous. Affirming, this court held, among other things, that passenger's failure to prove that cruise line had notice that the chair was dangerous could not be cured by her reliance on res ipsa loquitur under Restatement Second of Torts § 328D. In making its decision, the court noted that, in the absence of an established federal maritime rule, federal courts often applied the general common law and the Restatement Second of Torts to establish common-law admiralty rules governing maritime liability. Tesoriero v. Carnival Corporation, 965 F.3d 1170, 1178. S.D.Ala.2020. Cit. generally in sup. In a dispute between captain of a ship and his former employers, who allegedly made defamatory statements about him to his new employer, this court granted summary judgment for defendants on plaintiff's claims for defamation and intentional infliction of emotional distress, but denied it as to his claims for tortious interference with current and future contractual relations. In making its decision, the court noted that it looked to common-law principles contained in the Restatement Second of Torts in tortious-interference claims, as well as in claims for defamation and intentional infliction of emotional distress in maritime cases. Sangha v. Navig8 Ship Management PTE Ltd., 440 F.Supp.3d 1286, 1293, 1299, 1301. D.D.C.2020. Cit. generally in disc. Immediate family members and estates of deceased victims of bombings at the U.S. embassy in Lebanon filed an action under the terrorism exception to the Foreign Sovereign Immunities Act against Iran, alleging that defendant sponsored and supported the terrorist bombings, and seeking damages for wrongful death, loss of consortium, and intentional infliction of emotional distress. This court granted in part plaintiffs' motion for default judgment, holding that they established that defendant was not entitled to sovereign immunity for their support of terrorist acts. The court noted that it could rely on well-established principles of law, such as those found in the Restatement Second of Torts, to define the elements and scope of theories of recovery that plaintiffs could look to in establishing a claim for relief under the Act. Barry v. Islamic Republic of Iran, 437 F.Supp.3d 15, 44. D.D.C.2020. Cit. generally in disc. Family of U.S. Marines service member who was stationed at the U.S. embassy in Lebanon brought claims of intentional infliction of emotional distress (IIED) under the terrorism exception to the Foreign Sovereign Immunities Act against the Islamic Republic of Iran, alleging that defendant provided material support to the terrorists who perpetrated the bombing, and that the attack severely traumatized service member and substantially deteriorated plaintiffs' relationship with him. This court granted plaintiffs' motion for entry of default judgment, holding that plaintiffs provided satisfactory evidence for their IIED claim under Restatement Second of Torts § 46. The court noted that because the Act did not provide a substantive basis for plaintiffs' claims, federal courts looked to well-established principles of law set forth by the Restatement Second of Torts to evaluate claims under the Act. Ewan v. Islamic Republic of Iran, 466 F.Supp.3d 236, 245. COPYRIGHT ©2021 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.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most