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Case Citations [1] (July 2017 through April 2018)

handle is hein.ali/restate0328 and id is 1 raw text is: 





                                       TORTS 2D





Generally

D.Alaska  Bkrtcy.Ct.2017. Cit. generally in sup. Creditor brought an adversary proceeding against
Chapter 7 debtor who formerly worked  for creditor, alleging that debtor was liable to creditor for a
nondischargeable debt in connection with a loan that he persuaded creditor's board to extend to
creditor's competitor without disclosing that he had tendered his resignation from creditor and had
begun working  for competitor. After a bench trial, this court found that the debt was nondischargeable
on grounds of fraud. The court relied on various provisions of the Restatement Second of Torts, noting
that the Restatement was the most widely accepted distillation of the common law of torts, that the
Supreme  Court and the Ninth Circuit regularly turned to the Restatement for guidance in applying
common-law   tort principles to claims for exceptions to discharge on grounds of fraud, and that the
Alaska Supreme  Court frequently applied the Restatement in cases involving fraud claims. In re Beach,
570 B.R. 300, 325.

E.D.Cal.2017. Cit. generally in sup. In a dispute between Chapter 13 debtors and secured creditor that
held a note and deed of trust on debtors' home, this court held that creditor willfully violated debtors'
automatic stay on multiple occasions, such that debtors were entitled to punitive damages, as well as
actual damages for both economic and emotional harm, under the Restatement Second of Torts. The
court noted that federal courts, including the Supreme Court, commonly found influential the tort-
damages  principles articulated in the Restatements when, as here, damages were a question of federal
law and there was no controlling formal precedent. Sundquist v. Bank of America, N.A., 566 B.R. 563,
588, 593.

D.D.C.2017.  Cit. generally in disc. In an action brought under the Foreign Sovereign Immunities Act
(FSIA) against the Islamic Republic of Iran and the Syrian Arab Republic by parents, grandparents, and
estate of an infant killed in a terrorist attack, this court granted plaintiffs' motion for default judgment,
holding that plaintiffs demonstrated satisfactory evidence establishing the elements of the terrorism
exception to the FSIA and that the attack was an extrajudicial killing for which defendants acted as state
sponsors. The court noted that general principles of tort law as set forth in the Restatement Second of
Torts was applied in cases arising under the terrorism exception, because the FSIA did not provide
guidance on the substantive bases for liability for any private right of action. Braun v. Islamic Republic
of Iran, 228 F.Supp.3d 64, 78.

D.D.C.2017.  Cit. generally in disc. In an action brought under the terrorism exception to the Foreign
Sovereign Immunities Act  (FSIA) by U.S. citizen and others injured in a Hamas bus attack in Israel
against the Islamic Republic of Iran, this court granted plaintiffs' motion for default judgment, holding
that they demonstrated defendant's liability for their injuries under theories of battery, intentional
infliction of emotional distress, and solatium. The court explained that courts defined the contours of
liability under the FSIA by reference to Restatement Second of Torts, because, although it provided for a





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

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