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

handle is hein.ali/resttlph5319 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2023 Citations TORTS 3D: LIABILITY FOR PHYSICAL AND EMOTIONAL HARM Generally C.A.7, 2022. Cit. generally in ftn. to diss. op. Consumer brought a putative class action against debt- collection agency, alleging that defendant violated the Fair Debt Collection Practices Act when it sent plaintiff a collection letter informing her that she was pre-approved for a discount payment plan for the payment of her debts, for which the statute of limitations had passed. The district court granted plaintiff's motion for summary judgment. This court vacated and remanded, holding that plaintiff's confusion and emotional distress, which arose from her concern about being sued for what appeared to be a restarted debt, did not constitute a concrete injury giving her standing to bring suit under Article III. The dissent argued that the majority erred in broadly rejecting standing based on injuries caused by psychological states induced by violations of the Act, and pointed out that the Restatement of Torts, the Restatement Second of Torts, and the Restatement Third of Torts: Liability for Physical and Emotional Harm recognized compensable, intangible injuries arising from tortious conduct. Pierre v. Midland Credit Management, Inc., 29 F.4th 934, 947. CHAPTER 1. INTENT, RECKLESSNESS, AND NEGLIGENCE: DEFINITIONS § 1. Intent D.Mass.Bkrtcy.Ct.2022. Quot. in sup.; com. (c) quot. in sup. In an action that arose when an automotive lift fell, killing its user, decedent's daughter, individually and as personal representative of his estate, and daughter's attorney filed an adversary proceeding against debtors who were in control of the lift and the premises where the lift was located, seeking a determination that debtors' debt in connection with decedent's death was nondischargeable on the ground that their actions in failing to maintain the lift or to provide training or warnings to decedent were willful and malicious. This court granted debtors' motion to dismiss, finding that plaintiffs failed to show that debtors acted willfully and maliciously. The court cited Restatement Third of Torts: Liability for Physical and Emotional Harm § 1 in noting that plaintiffs did not allege that debtors intended to injure decedent or plaintiffs. In re Pereira, 638 B.R. 260, 262, 263. D.Or.2021. Quot. in sup. After public port that owned and operated a marina sued ocean-going vessel and its owner, alleging that the vessel caused an excessive wake that damaged the marina and boats 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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