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Case Citations [1] (July 2018 through August 2019)

handle is hein.ali/rethtort9912 and id is 1 raw text is: 





TORTS 3D: INTENTIONAL TORTS TO PERSONS


                                      (DRAFTS)



  CHAPTER 1. DEFINITIONS OF INTENTIONAL TORTS TO PERSONS; TRANSFERRED
                                           INTENT

§ 2. Battery: Required Intent

N.D.I11.2018. Com. (a) cit. in sup. (citing § 101, com. (e), of D.D. 2014). Airline employees brought a
class-action lawsuit against airline and uniform manufacturer, alleging that their new uniforms contained
harmful chemicals causing various health issues, and that airline knew about those adverse health
effects. This court granted defendants' motion to dismiss without prejudice, holding, inter alia, that
plaintiffs' intentional-tort claims against airline were precluded because the claims failed to allege a
sufficient level of intent borne by airline to bring their claims out of their states' workers' compensation
statutes. The court relied on Restatement Third of Torts: Intentional Torts to Persons § 101 (D.D. 2014)
in explaining that plaintiffs failed to allege that airline knew with certainty that the uniforms would harm
a particular victim or someone in a small class of potential victims. Zurbriggen v. Twin Hill Acquisition
Company,  Inc., 338 F.Supp.3d 875, 888.

§ 7. False Imprisonment: General Definition

D.Mass.2018.  Rptrs' Note to com. (a) cit. in ftn. (citing Rptrs' Note to com. (a) to § 7 of T.D. No. 3,
2018). After airline employees accused passenger of having stolen a bag, detained passenger, and forced
passenger to walk off the plane and several hundred yards through a British airport, passenger brought a
false-imprisonment claim against airline. This court granted defendant's motion to dismiss, holding that
a two-year statute of limitations under the Montreal Convention barred plaintiff's claims. The court cited
Restatement Third of Torts: Intentional Torts to Persons §§ 7 and 9 in observing that the nomenclature
of false imprisonment could create confusion, such as by misleadingly suggesting that the tortfeasor
had to assert a falsehood to commit false imprisonment. Dagi v. Delta Air Lines, Inc., 352 F.Supp.3d
116, 117.

§ 9. False Imprisonment: Confinement  by Assertion of Legal Authority

D.Mass.2018.  Com. (c) cit. in ftn. (citing § 9, com. (c), of T.D. No. 3, 2018). After airline employees
accused passenger of having stolen a bag, detained passenger, and forced passenger to walk off the plane
and several hundred yards through a British airport, passenger brought a false-imprisonment claim
against airline. This court granted defendant's motion to dismiss, holding that a two-year statute of
limitations under the Montreal Convention barred plaintiff's claims. The court cited Restatement Third
of Torts: Intentional Torts to Persons §§ 7 and 9 in observing that the nomenclature of false
imprisonment could create confusion, such as by misleadingly suggesting that the tortfeasor had to
assert a falsehood to commit false imprisonment. Dagi v. Delta Air Lines, Inc., 352 F.Supp.3d 116, 117.


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          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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