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Case Citations [1] (July 2020 - April 2021)

handle is hein.ali/relwtrts0335 and id is 1 raw text is: TORTS
Generally
U.S.2020. Quot. generally in case quot. in diss. op. Pharmacist employed by the Department of Veterans
Affairs sued the Secretary of Veterans Affairs, alleging that her supervisors discriminated against her
based on her age in violation of the Age Discrimination in Employment Act. The district court granted
summary judgment for the government, and the court of appeals affirmed in part. This court reversed
and remanded, holding that, while an employee who could not show that discrimination was a but-for
cause of a personnel action was not entitled to relief that altered or compensated for the action, an
employee who could show that age was a but-for cause of differential treatment in an employment
decision was potentially entitled to injunctive or other forward-looking relief. The dissent cited a case
that relied on various provisions of the Restatement of Torts in explaining that causation in fact was a
standard requirement in any tort claim, including claims of discrimination. Babb v. Wilkie, 140 S.Ct.
1168, 1179.
Cal.App.2020. Cit. generally in disc. Ship crewman brought, among other things, negligence claims
under maritime law against reality-television production company that had entered into a filming
agreement with the ship, alleging that defendant's film crew failed to provide prompt medical care to
plaintiff for his fishing-related injuries. The trial court granted defendant's motion for summary
judgment. This court affirmed, holding that defendant did not have a duty to rescue plaintiff. The court
noted that maritime law looked to state law and the Restatement of Torts in defining a person's duty to
act. McHenry v. Asylum Entertainment Delaware, LLC, 260 Cal.Rptr.3d 51, 59.
Introduction
Nev.2020. Intro. quot. in sup. In an action by property owner for trespass and breach of the peace
against individuals and entities hired to repossess a vehicle from the property, this court reversed the
trial court's grant of summary judgment and remanded for a determination as to whether defendants
were liable under the reasonableness test described in Restatement Second of Torts § 198, which
provided that a breach of the peace occurred when a secured party acted at a time or in a manner that
was not reasonable during a self-help repossession. The court noted that the Restatement was published
to present an orderly statement of the general common law of the United States, and that it was
appropriate to apply the Restatement's reasonableness standard because the state's self-help
repossession statute did not express a legislative intent to deviate from the common-law right to
extrajudicial repossession. Droge v. AAAA Two Star Towing, Inc., 468 P.3d 862, 874.
DIVISION ONE. INTENTIONAL HARMS TO PERSONS, LAND AND CHATTELS
CHAPTER 2. INTENTIONAL INVASIONS OF INTERESTS IN PERSONALITY
TOPIC 1. THE INTEREST IN FREEDOM FROM HARMFUL BODILY CONTACT
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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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