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Case Citations [i] (2016)

handle is hein.ali/restate0326 and id is 1 raw text is: 





                                         TORTS 2D





  Generally

  C.A.3, 2016. Cit. generally in ftn. In a products-liability and negligence action arising from a fatal
  airplane crash, widow of deceased pilot asserted claims for defective design and failure to warn against
  manufacturer of the airplane's engine. The district court granted partial summary judgment for
  manufacturer on its design-defect claim. Reversing on interlocutory appeal, this court held that widow's
  design-defect claim was not preempted by the Federal Aviation Act. In making its decision, the court
  noted that it applied the Restatement Third of Torts: Products Liability to products-liability cases, rather
  than the Restatement Second. Sikkelee v. Precision Airmotive Corp., 822 F.3d 680, 686.

  C.A.9, 2016. Cit. generally in case cit. in sup. Decedent's heirs brought claims sounding in strict
  liability, inter alia, against shipbuilders, alleging that decedent developed mesothelioma and
  subsequently died as a result of his exposure to asbestos insulation while serving aboard naval warships
  constructed by defendants. The district court granted summary judgment for defendants. Affirming, this
  court held that the warships in question were not products under maritime law for purposes of
  maintaining an action in strict liability. In making its decision, the court noted that the U.S. Supreme
  Court had cited both the Restatement Second of Torts and the Restatement Third of Torts: Liability for
  Physical and Emotional Harm  in evaluating maritime products-liability actions. McIndoe v. Huntington
  Ingalls Inc., 817 F.3d 1170, 1173.

  D.D.C.2016.  Cit. generally in sup. Families and estates of two American victims of a terrorist attack in
  Jordan brought an action under the Foreign Sovereign Immunities Act (FSIA) against Syrian Arab
  Republic and Syrian Military Intelligence, alleging that defendants sponsored the attack and were
  therefore responsible for victims' deaths. After defendants failed to enter appearances or defend against
  plaintiffs' claims, this court granted plaintiffs' motion for a default judgment, finding that defendants
  were jointly and severally liable for victims' deaths, and awarded damages. The court noted that,
  although the FSIA provided a private right of action, it provided no guidance on the substantive bases
  for liability to determine a plaintiff's entitlement to damages; consequently, courts applied general
  principles of tort law, such as the ones set forth in the Restatement Second of Torts, to determine
  liability. Thuneibat v. Syrian Arab Republic, 167 F.Supp.3d 22, 38.

  N.J.Super.App.Div.2016.   Cit. generally in disc. Property owner brought a private-nuisance claim, inter
  alia, against owners of adjacent property, alleging that underground roots from trees on defendants'
  property caused damage to plaintiff s cinder-block retaining wall. After a bench trial, the trial court
  entered judgment for defendants. This court affirmed, holding that a possessor of land was not liable for
  physical harm caused to others outside of the land where, as here, the harm was caused by a natural
  condition on the land. In the course of its discussion, the court noted that New Jersey courts had
  generally turned to the Restatement Second of Torts in analyzing nuisance claims. Scannavino v. Walsh,
  136 A.3d 948, 951-953.




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

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