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Case Citations (March 2016 through June 2016) [i] (2016)

handle is hein.ali/restate0325 and id is 1 raw text is: 





                                         TORTS 2D





   Generally

   C.A.3, 2015. Cit. generally in case cit. in sup. In an adversary proceeding brought by the Securities and
   Exchange Commission   against Chapter 13 debtor/stockbroker, this court affirmed the trial court's
   decision that debts arising from civil judgments against debtor were nondischargeable under the
   Bankruptcy Code  as debts incurred through fraud, because debtor exhibited gross recklessness in failing
   to review private placements before soliciting investments from his clients. In making its decision, the
   court relied on a U.S. Supreme Court decision that stated that terms used to describe the scienter
   requirement of the applicable section of the Code were common-law terms and the Restatement Second
   of Torts should be consulted for guidance. In re Bocchino, 794 F.3d 376, 381.

   D.D.C.2015. Cit. generally in case quot. in sup. In a case brought under the terrorism exception to the
   Foreign Sovereign Immunities Act (FSIA), this court granted in part a motion for default judgment as to
   liability and damages brought by representatives of the estate of victim who was killed in a bombing in
   Jerusalem against the Islamic Republic of Iran and others. In making its decision, the court
   acknowledged  that it followed the Restatement Second of Torts in defining the elements and scope of a
   plaintiff's theory of recovery under the FSIA's terrorism exception. Roth v. Islamic Republic of Iran, 78
   F.Supp.3d 379, 399.

   M.D.Fla.2015. Cit. generally in ftn. In former smoker's action alleging fraudulent concealment by
   cigarette manufacturer, this court granted manufacturer's motion for judgment as a matter of law
   following a jury verdict for smoker, holding that the evidence did not support a conclusion that smoker
   detrimentally relied on manufacturer's conduct. In making its decision, the court noted that it relied on
   the Restatement Second of Torts, because there was some question as to whether the Florida Supreme
   Court would adopt portions of the Restatement Third of Torts. Berger v. Philip Morris USA, Inc., 101
   F.Supp.3d 1228, 1242.

   Fla.2015. Cit. generally in sup., cit. generally in ftn. In a products-liability action against asbestos
   manufacturer, this court reinstated the jury's verdict for worker who was exposed to products containing
   manufacturer's asbestos, holding that the court of appeals erred in applying the Restatement Third of
   Torts: Products Liability, which exclusively adopted the risk-utility test for a design-defect claim and
   imposed on plaintiffs the requirement of proving a reasonable alternative design, and reaffirmed
   Florida's adherence to the consumer-expectations test set forth in Restatement Second of Torts. The
   court noted that the Restatements were not a codification of law or necessarily the consensus on the best
   policy for courts regarding the proper legal standard for strict liability in products-liability cases, but that
   the Restatements had traditionally been influential on United States courts. Aubin v. Union Carbide
   Corp., 177 So.3d 489, 509.







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

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