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Case Citations (March 2016 through June 2016) [i] (2016)

handle is hein.ali/restt5022 and id is 1 raw text is: TORTS 3D: APPORTIONMENT OF LIABILITY TOPIC 2. LIABILITY OF MULTIPLE TORTFEASORS FOR INDIVISIBLE HARM § 10. Effect of Joint and Several Liability C.A.11, 2015. Com. (a) quot. in sup. United States filed a motion to reduce the incarceration of criminal defendant, who had been imprisoned for conspiracy to commit wire and bank fraud, in recognition of his substantial assistance to federal law-enforcement authorities in the investigation of another inmate in an unrelated matter. Granting the government's motion, the district court, sua sponte, eliminated defendant's obligation to jointly and severally pay more than $4 million in restitution to his and his coconspirators' victims under the Mandatory Victims Restitution Act. Reversing that portion of the decision and remanding, this court held that the district court lacked authority to eliminate defendant's restitution obligation. The court noted that, under Restatement Third of Torts: Apportionment of Liability § 10, joint-and-several liability was imposed to shift from innocent plaintiffs to culpable defendants the risk that some defendants would ultimately be unable to pay, and reasoned that the district court's decision, by absolving defendant of his restitution obligation, would shift that risk onto the victims of his and his coconspirators' fraud. U.S. v. Puentes, 803 F.3d 597, 605. § 12. Intentional Tortfeasors N.D.Ill.2015. Quot. in case quot. in sup. Casinos brought an action against state governor and owners of horse tracks, alleging that owners bribed governor to sign a bill that would tax casinos and place the tax proceeds in a trust for the benefit of the horse-racing industry. The jury found for plaintiffs. This court denied defendants' motion for a new trial, holding that defendants could not show that their substantial rights were affected by the jury instruction on damages or that the award resulted in a miscarriage of justice or shocked the conscience. The court rejected defendants' argument that, because the bill would have become law if governor had done nothing, defendants could only be liable for the taxes paid as a result of governor signing the bill earlier than he had to. The court relied upon a circuit decision that cited Restatement Third of Torts: Apportionment Liability § 12 in concluding that innocent alternative causes did not affect the liability of an intentional tortfeasor. Empress Casino Joliet Corp. v. Johnston, 114 F.Supp.3d 674, 685. § 13. Vicarious Liability C.A.Fed.2015. Cit. in ftn. Patent owner brought an infringement action against competitor, alleging that defendant used several of the same steps claimed in the patent to deliver data to its users and provided users with assistance in completing the remaining patented steps. The district court granted defendant's motion for relief from judgment and entered a judgment of noninfringement for defendant. On remand from the U.S. Supreme Court, this court reversed the district court's decision, holding that there was substantial evidence to support the jury's finding that defendant directly infringed the patent by directing or controlling its customers' performance of the remaining steps. Citing Restatement Third of Torts: A L m For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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