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Case Citations [1] (Spring 2024)

handle is hein.ali/restate0340 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2024 Citations TORTS 2D Generally C.A.5, 2023. Cit. generally in sup. Employee sued employer for, among other things, invasion of privacy, after his supervisor prevented him from taking a bathroom break until he was forced to defecate on himself at his workstation in front of his co-workers. The district court granted defendant's motion to dismiss plaintiff's claim for invasion of privacy. This court reversed, holding that plaintiff's allegations were sufficient to state a claim for invasion of privacy by intrusion upon seclusion under Texas law and Restatement Second of Torts § 652B. Because no Texas court had ruled on whether exposing a private affair to public view without trespass or an intent to spy upon another was tortious conduct, the court noted that it relied on the Restatement Second of Torts to establish liability for such conduct. Amin v. United Parcel Service, Incorporated, 66 F.4th 568, 576. C.A.11, 2023. Cit. generally in sup. Owner of barges that became unmoored during a hurricane and damaged nearby bridge filed petitions for each barge invoking the Limitation of Liability Act, seeking to limit liability for state-court actions filed for property damage and economic loss from businesses that lost customers during closure of the bridge. The district court granted dismissed owner's petitions. This court affirmed, holding that owner did not act with reasonable care by leaving its barges by the bridge. This court affirmed, holding that owner acted unreasonably by leaving its barges by the bridge instead of moving them to a nearby bay, as set forth in its hurricane preparedness plan, because local weather forecast predicted chance of storms that would cause reasonable barge owners to move the barges to safety. The court noted that, in maritime cases, it relied on general negligence principles set forth in the Restatement Second of Torts. Skanska USA Civil Southeast Inc. v. Bagelheads, Inc., 75 F.4th 1290, 1310. D.Ariz.2022. Cit. in case cit. generally in disc. Member of private groups on a social-media platform sued provider of public-opinion-surveillance services, alleging, among other things, that provider invaded plaintiff's privacy by infiltrating the groups and using conversations between group members to generate influencer reports without permission. This court granted without prejudice defendant's motion to dismiss, holding, inter alia, that plaintiff failed to plausibly allege a claim for intrusion upon seclusion, because plaintiff did not control the privacy settings and access restrictions into the groups, and thus not have a reasonable expectation of privacy over conversations in the groups. The court noted COPYRIGHT ©2024 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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