About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

Case Citations [i] (July 2016 through April 2017)

handle is hein.ali/relwtrts0327 and id is 1 raw text is: 





                                          TORTS





  Generally

  M.D.Tenn.2015.  Cit. generally in sup. Purchaser of an electric air cleaner brought, inter alia, various
  tort claims and an unjust-enrichment claim against manufacturer, alleging that the cleaner caused an
  increase in ozone that resulted in plaintiff and his family suffering from various respiratory illnesses, and
  that defendant's retention of the economic benefit it received from sales of the cleaner constituted unjust
  enrichment. This court granted defendant's motion for summary judgment, holding that plaintiff s
  unjust-enrichment claim was based on the same allegations as his tort claims, which failed to raise a
  genuine issue of material fact. The court cited the Restatement of Torts in noting that, under New Jersey
  law, which applied in this case, unjust enrichment was not an independent cause of action in tort law.
  Rehberger v. Honeywell International, Inc., 147 F.Supp.3d 686, 694.

  Or.2016. Cit. generally in ftn. After a jury trial, criminal defendant was convicted of ten counts of
  aggravated murder, among other things, and received two sentences of death based on his involvement
  in a bank bombing that killed two law-enforcement officers. This court affirmed, holding that there was
  sufficient evidence that defendant's conduct was a cause-in-fact of the victims' deaths. The court
  concluded that the prosecution was not required to provide evidence of proximate or legal cause, and
  noted that, while the Restatement of Torts and the Restatement Second of Torts shifted terminology
  from proximate cause to legal cause, Restatement Third of Torts: Liability for Physical and
  Emotional Harm  § 26 identified the principles that limited the scope of liability for conduct that caused
  harm in fact rather than treating the issue as one of causation. State v. Turnidge, 374 P.3d 853, 917.



        DIVISION   ONE.  INTENTIONAL HARMS TO PERSONS, LAND AND CHATTELS

        CHAPTER 2. INTENTIONAL INVASIONS OF INTERESTS IN PERSONALITY

    TOPIC   3. THE  INTEREST IN FREEDOM FROM APPREHENSION OF A HARMFUL OR
                                     OFFENSIVE CONTACT

  § 21. Assault

  Ga.2016. Subsecs. (1) and (1)(a) quot. in diss. op.; subsec. (2) cit. in diss. op. Criminal defendant
  appealed from a jury conviction of aggravated assault, after he rapidly drove his van toward his
  girlfriend's adult son, pinning him against the side of his mobile home. The court of appeals affirmed.
  This court affirmed, holding that the trial court did not err in concluding that the crime of simple assault
  under Georgia law did not require the defendant to have the specific intent to cause the victim to suffer
  injury or the apprehension of injury, and instead required only an intent to do the act that placed the
  victim in reasonable apprehension of an imminent and violent injury. The dissent argued that both




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

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most