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Case Citations [1] (April 2023 - August 2023)

handle is hein.ali/restt5034 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2023 Citations TORTS 3D: APPORTIONMENT OF LIABILITY TOPIC 1. BASIC RULES OF COMPARATIVE RESPONSIBILITY § 8. Factors for Assigning Shares of Responsibility C.A.10, 2022. Cit. in diss. op. After defendant was convicted of child-sex trafficking and conspiracy, the district court found that he could not be required to pay restitution to the victim, who had also been sexually abused by others, unless the government could prove that his actions were the but-for cause of some identifiable portion of the victim's psychological treatment. This court issued a panel opinion affirming the district court and denied a judge's sua sponte poll requesting en banc review. The dissent argued that restitution could be ordered consistent with a recent Supreme Court decision, which held that restitution for psychological injury when a victim of child pornography was viewed by multiple offenders could be ordered against an individual offender in the same manner that juries commonly apportioned damages for individual injuries in civil cases under Restatement Third of Torts: Apportionment of Liability § 8. United States v. Anthony, 39 F.4th 1247, 1248. TOPIC 2. LIABILITY OF MULTIPLE TORTFEASORS FOR INDIVISIBLE HARM § 10. Effect of Joint and Several Liability C.A.2, 2022. Cit. in sup. Lender, which had obtained an arbitration award jointly and severally against Iraqi borrower and Lebanese bank that were involved in a scheme to defraud it and which was pursuing an additional arbitration against bank, filed a petition for confirmation of the award and for an order of attachment of bank's property. The district court granted in part lender's motion to confirm the first award but found that lender failed to establish a probability of success in the second arbitration. This court vacated and remanded for further proceedings to determine lender's probability of success in the second arbitration. The court cited Restatement Third of Torts: Apportionment of Liability §§ 10 and 12 in reasoning that, based on the district court's own findings that bank and borrower in concert defrauded lender, and that lender was likely to establish joint and several liability as to bank, it was an error to conclude that the second arbitration panel was not likely to hold bank jointly and severally liable. Iraq Telecom Limited v. IBL Bank S.A.L., 43 F.4th 263, 276. § 12. Intentional Tortfeasors C.A.2, 2022. Cit. in sup. Lender, which had obtained an arbitration award jointly and severally against Iraqi borrower and Lebanese bank that were involved in a scheme to defraud it and which was pursuing 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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