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

handle is hein.ali/resttlph5314 and id is 1 raw text is: TORTS 3D: LIABILITY FOR PHYSICAL AND EMOTIONAL HARM CHAPTER 2. LIABILITY FOR PHYSICAL HARM § 6. Liability for Negligence Causing Physical Harm C.A.6, 2019. Com. (b) quot. in sup. Patients brought a putative class-action lawsuit against medical- records provider that contracted with hospitals to maintain patients' records, alleging, among other things, that defendant negligently charged plaintiffs more than the amount allowed by federal and state statutes for access to their records. The district court granted defendant's motion to dismiss. This court affirmed, holding that plaintiffs could not state a claim against defendant under the statutes, and that plaintiffs failed to demonstrate that defendant owed them a duty to not overcharge for medical records under Tennessee common law. The court explained that the common law, as exemplified under Restatement Third of Torts: Liability for Physical & Emotional Harm § 6, only imposed a general duty to avoid creating risk of physical harm to others. Faber v. Ciox Health, LLC, 944 F.3d 593, 598. Iowa, 2020. Adopted in case cit. in sup. (general cite) (citing § 6 of Prop. Final Draft No. 1, 2005, which is now § 6 of the Official Text). Limited-liability company and its sole member brought a fraudulent- inducement claim against airplane brokers, alleging that defendants misrepresented to plaintiffs that defendants were unable to acquire a plane on plaintiffs' behalf for a substantially lower price, which caused plaintiffs to pay a higher purchase price for a plane. The trial court granted defendants' motion to dismiss based on improper venue. This court affirmed, holding that fraudulent inducement to enter into the purchase agreement did not invalidate the agreement's forum-selection clause selecting Kansas as the parties' chosen venue. The court relied on the revised version of Restatement Second of Conflict of Laws § 80, noting that it often decided to adopt newer iterations or updated versions of Restatements, such as the Restatement Third of Torts: Liability for Physical and Emotional Harm. Karon v. Elliott Aviation, 937 N.W.2d 334, 346. CHAPTER 3. THE NEGLIGENCE DOCTRINE AND NEGLIGENCE LIABILITY § 7. Duty E.D.Ky.2019. Com. (i) quot. in case quot. in sup. (erron. cit. as com. l). Parents, on behalf of intellectually-disabled child, brought an action against, among others, public-school teacher, alleging, inter alia, that defendant negligently failed her duty to prevent other students from bullying child after a dispute arose among the students. This court granted defendant's motion for summary judgment, holding that no reasonable jury could find that defendant breached her duty to protect child, because defendant acted promptly to stop the dispute. The court explained that, under Restatement Third of Torts: Liability for Physical and Emotional Harm § 7, Comment i, it had the authority to determine defendant's negligence as a matter of law if the record indicated that reasonable minds could not differ COPYRIGHT ©2020 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America <« q et r For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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