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Case Citations [1] (April 2022 - August 2022)

handle is hein.ali/restate0337 and id is 1 raw text is: THE AMERICAN
LAW INSTITUTE
TORTS 2D
Generally
C.A.D.C.2021. Cit. generally in sup. United States citizen who was arrested by agents of the Islamic
Republic of Iran and held hostage for 100 days sued Iran under the state sponsors of terrorism
exception to the Foreign Sovereign Immunities Act, seeking to hold it liable for torture, hostage taking,
assault, battery, intentional infliction of emotional distress, and false imprisonment. After Iran failed to
appear or respond, this court granted plaintiff's motion for a default judgment, holding that plaintiff
sufficiently proved theories of liability found in well-established principles of law, such as those found
in the Restatement Second of Torts, in support of her claims under the Act. Saberi v. Government of
Islamic Republic of Iran, 541 F.Supp.3d 67, 81.
C.A.Fed.2022. Cit. generally in disc. Mother, on behalf of minor child, filed a petition for compensation
under the National Childhood Vaccine Injury Act, alleging that child, after receiving a measles, mumps,
and rubella vaccine, suffered repeated bruising consistent with immune thrombocytopenic purpura and
underwent repeated blood tests to determine whether he suffered from the condition. A special master
dismissed petitioner's petition. The court of federal claims remanded. This court reversed, holding that
child's recurring bruises and repeated blood tests did not constitute residual effects of the vaccine
entitling petitioner to compensation under the Act. The court noted that it looked to common-law
principles of causation-in-fact set forth in the Restatement Second of Torts in determining whether the
vaccine was the cause of child's injuries under the terms of the Act. Wright v. Secretary of Health and
Human Services, 22 F.4th 999, 1002, 1005.
E.D.Ky.2021. Cit. generally in sup. Heirs of decedent's estate sued city for trespass and other claims,
after city repeatedly cited a house on the estate's property for ordinance violations, which city abated at
its own expense, and eventually demolished the house after declaring it an imminent danger. This court
granted summary judgment for city, holding, among other things, that it was entitled to summary
judgment on heirs' trespass claim, because any entry onto the property by city was privileged and the
house was demolished before heirs informed city that no one was permitted on the property. The court
explained that, under the Restatement Second of Torts, an officer empowered by law to abate public
nuisances was presumed to have a privilege to enter land in the possession of another for the purpose of
determining whether a public nuisance existed, and that Kentucky courts generally followed the
Restatement Second of Torts. Williams v. City of Stanford, Kentucky, 533 F.Supp.3d 512, 534.
Iowa App.2021. Cit. generally in case cit. in sup. Party guest sued, among others, business that provided
bus to serve as party venue, alleging that defendant acted negligently when it failed to restrict
partygoers' alcohol consumption, resulting in plaintiff suffering injuries when he was attacked by
intoxicated partygoers during a dispute. The trial court granted defendant's motion for summary
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