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Case Citations 1 (April 2023 - August 2023)

handle is hein.ali/restate0338 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2023 Citations TORTS 2D Generally C.A.5, 2022. Cit. generally in sup. and in ftn. Family of deceased arrestee filed a § 1983 action against, among others, guards who worked at a private prison where arrestee was being detained for disturbing the peace, alleging that guards inflicted repeated blows to arrestee's head, causing him to suffer fatal injuries. The district court granted summary judgment for guards. This court reversed in part and remanded, holding that family had sufficiently raised fact disputes on causation arising from their excessive-force claims against guards. The court noted that it looked to authoritative treatises like the Restatement Second of Torts, which was the most widely accepted distillation of the common law of torts, for the prevailing view of the American common-law courts in interpreting § 1983's causation requirement. Moore v. LaSalle Management Company, L.L.C., 41 F.4th 493, 503. C.A.5, 2022. Cit. generally in ftn. Consumer filed a class action against debt collector, alleging that it violated the Fair Debt Collection Practices Act by sending her a letter demanding that she pay a delinquent utility debt without disclosing that the limitations period on that debt had run. The district court granted consumer's motion for class certification. This court vacated and remanded with instructions to dismiss for lack of standing, holding that consumer failed to show that she suffered an injury that had a close relationship to a harm traditionally recognized as providing a basis for a lawsuit in American courts. The court noted that it had previously relied on both the Restatement of Torts and the Restatement Second of Torts in establishing the nature of several types of concrete harms for standing purposes. Perez v. McCreary, Veselka, Bragg & Allen, P.C., 45 F.4th 816, 824. D.D.C.2021. Cit. generally in disc. Family members of deceased terrorist-attack victims, among others, brought a claim for solatium under the terrorism exception to the Foreign Sovereign Immunities Act against the Islamic Republic of Iran, alleging that defendant trained, funded, and supported the terrorist attack that killed decedents. This court granted plaintiffs' motion for default judgment, holding that plaintiffs sufficiently alleged a claim for intentional infliction of emotional distress. The court observed that it relied on the common law as set forth by the Restatement Second of Torts in determining damages for tort claims under the Act. Selig v. Islamic Republic of Iran, 573 F.Supp.3d 40, 63. Ariz.2022. Cit. generally in disc. Developer of mobile-home parks, who managed the construction of a concert hall located on a mobile-home park, brought negligence claims against subcontractor, alleging that defendant failed to properly mark out the premises of the concert hall on behalf of a third-party contractor, resulting in the contractor building the hall improperly. The trial court granted defendant's motion for summary judgment. The court of appeals affirmed. This court affirmed, holding, inter alia, COPYRIGHT C2023 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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