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Case Citations [1] (July 2019 - April 2020)

handle is hein.ali/resttlph5313 and id is 1 raw text is: TORTS 3D: LIABILITY FOR PHYSICAL AND EMOTIONAL HARM Generally W.D.Wis.2019. Cit. generally in disc. In a proposed class action filed by customers of medical-services provider that operated in Wisconsin, Iowa, and Illinois, in which customers alleged that unknown third parties accessed provider's email system and accessed customers' private health information and personally identifying information that could be used to commit identity theft, this court granted in part provider's motion to dismiss, finding that certain customers' claims for negligence and negligence per se were barred by the economic-loss doctrine under Iowa law. The court rejected customers' argument that Iowa recently abandoned the doctrine when it adopted certain sections of the Restatement Third of Torts: Liability for Physical and Emotional Harm and the Restatement Third of Torts: Products Liability, noting that the Iowa Supreme Court had recently revisited the economic-loss doctrine and described its continued applicability. Fox v. Iowa Health System, 399 F.Supp.3d 780, 794. W.D.Wis.2019. Cit. generally in disc. After a bathtub-faucet adapter that insured homeowner purchased from a third-party seller through retailer's website malfunctioned and flooded his home, insurer brought strict-liability claims under Wisconsin law against retailer. This court denied retailer's motion for summary judgment, in which it argued that it was not a seller under Wisconsin's product-liability statute, holding that retailer was so deeply involved in the transaction that Wisconsin law would treat it as an entity that was strictly liable for the adapter's defects where, as here, the manufacturer could not be sued in Wisconsin. The court noted that, historically, products liability in Wisconsin was a matter of common law patterned on Restatement Second of Torts § 402A, and, while the Wisconsin legislature had passed a tort-reform bill that changed the applicable standard for a defective product from the consumer expectation standard in § 402A to the reasonable alternative design standard in the Restatement Third of Torts: Liability for Physical and Emotional Harm, the difference between those two standards was not at issue here. State Farm Fire and Casualty Company v. Amazon.com, Inc., 390 F.Supp.3d 964, 968. CHAPTER 1. INTENT, RECKLESSNESS, AND NEGLIGENCE: DEFINITIONS § 1. Intent C.A.11, 2019. Quot. in sup.; com. (e) quot. in ftn. Patient brought a lawsuit against surgical-mesh manufacturer and manufacturer's parent company, alleging that she suffered injuries from the degradation of defendants' mesh after it was implanted. The district court entered judgment on a jury verdict for plaintiff. This court affirmed, holding that the district court did not err in finding that plaintiff was not entitled to uncapped punitive damages, because state statutes required plaintiff to prove that defendants had specific intent to harm plaintiff to be awarded uncapped punitive damages. The court explained that, under Restatement Second of Torts § 8A and Restatement Third of Torts: Liability for COPYRIGHT (02020 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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