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

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

handle is hein.ali/restate0335 and id is 1 raw text is: TORTS 2D Generally C.A.9, 2021. Cit. generally in conc. op. Vehicle buyers filed multi-state class actions against vehicle manufacturer, alleging that manufacturer knowingly sold vehicles with defective dashboards that could potentially cause severe injuries in a crash. The district court granted manufacturer's motion to dismiss. Affirming, this court held that buyers did not plead sufficient details showing that manufacturer learned about, and ignored, the allegedly dangerous defect, such that it was potentially liable under Restatement Second of Torts §§ 550 and 551. The concurring opinion argued that it did not necessarily flow from § 551 that buyers were required to plead at this stage, without the benefit of discovery, that manufacturer had knowledge of safety risks, rather than mere knowledge of defects that could pose safety risks, and noted that, even when a Restatement provision was a useful beginning point for discussion of general principles, it should not be applied in a way that created perverse incentives. Smith v. General Motors LLC, 988 F.3d 873, 888. C.A.9, 2020. Cit. generally in case cit. in disc. After easement holders sued owner of shopping center, owner filed counterclaims against easement holders' landlord, alleging, inter alia, that landlord violated a settlement agreement between it and owner, which was meant to resolve disputes over the expansion of construction of the shopping center, by engaging in lawsuits opposing the construction and challenging the project in city-council meetings. The district court granted landlord's motion for summary judgment. This court reversed in part and remanded, reasoning that policy considerations weighed against applying litigation privilege against owner's breach-of-contract claims for landlord's conduct during a city-council hearing. The court noted that the California Supreme Court did not address whether litigation privilege applied to contract claims, and explained that it looked to sources such as the Restatement Second of Torts as guidance to predict how the court would decide the issue. 3500 Sepulveda, LLC v. Macy's West Stores, Inc., 980 F.3d 1317, 1326-1327. D.D.C.2020. Cit. generally in sup. In an action arising from the 1998 bombing of a U.S. Embassy in Kenya, U.S. nationals or employees of the U.S. government who were direct victims of the bombings, along with their immediate family members, filed claims under the Foreign Sovereign Immunities Act (FSIA) against the Islamic Republic of Iran, among others, alleging that defendants provided material support to the terrorists that perpetrated the bombings. On remand, this court held that Iran was liable to victims' family members for solatium damages stemming from victims' injuries. The court noted that, in order to state a claim under the FSIA, plaintiffs had to rely on well-established principles of law, such as those found in the Restatement Second of Torts, to outline the boundaries of their theories of recovery. Sheikh v. Republic of Sudan, 485 F.Supp.3d 255, 265. D.Hawaii, 2020. Cit. generally in sup. In former employee's claim for conversion against employer's corporate parent and its officers, who allegedly used his credit-card information without authorization for business expenses, this court denied in part defendants' motion to dismiss, holding that plaintiff stated a claim for conversion under Restatement Second of Torts § 242. The court noted that the Hawaii Supreme Court frequently turned to the Restatement Second of Torts for guidance. Jass v. CherryRoad Technologies, Inc., 472 F.Supp.3d 787, 796. 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