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

handle is hein.ali/restate0329 and id is 1 raw text is: 





                                        TORTS 2D



  Generally

  D.D.C.2017. Cit. generally in ftn. In an action sounding in negligence and strict liability brought by an
  injured transit-authority employee against transit authority's contractor that built the equipment that
  allegedly caused plaintiff s injuries, this court granted in part summary judgment for defendant, holding
  that a contractor who fabricated a product according to the purchaser's designs was not liable, in the
  absence of an obvious defect, if the design proved to be unsafe. In applying the contractor-specification
  defense, the court recognized that both the District of Columbia and Maryland often turned to the
  Restatement Second of Torts for guidance. Rardon v. Holland, LP, 279 F.Supp.3d 93, 98.

  S.D.Fla.2018. Cit. generally in case cit. in ftn. Missionary organization, along with relatives and
  representatives of missionaries who were kidnapped and killed by Colombian terrorists, brought claims
  under the civil-liability provisions of the Anti-Terrorism Act against multinational corporation that
  produced and purchased bananas in Colombia, alleging that defendant provided material support to the
  terrorists by funneling money to them over a nine-year period. This court denied in part defendant's
  motion for summary judgment,  holding that there were questions of fact as to whether defendant's
  actions were a material and substantial factor in bringing about missionaries' deaths and whether
  plaintiffs' injuries were a reasonably foreseeable consequence of those actions. The court cited the
  Restatement Second of Torts in noting that, while some courts and commentators restricted the
  substantial-factor test to the determination of whether negligent conduct in fact caused a particular
  injury, the test continued to find wide application in both cause-in-fact and proximate-cause analyses. In
  re Chiquita Brands International, Inc., 284 F.Supp.3d 1284, 1312.

  D.N.M.2017.  Cit. generally in case quot. in ftn. In a class action filed by borrowers against a purported
  payday lender, this court held, among other things, that borrowers could recover from lender under
  principles of unjust enrichment to the extent that they paid more than state law permitted lender to
  charge, because lender's contractual terms requiring borrowers to pay interest were illegal, and thus
  substantively unconscionable. The court cited Restatement Second of Torts §§ 281 and 286 in reasoning
  by analogy that it made sense for New Mexico's prohibition on unconscionable trade practices to
  impose liability when a contract term was illegal because it violated a consumer-protective statute, and
  noted that New Mexico courts often looked to the law as stated in the Restatement Second of Torts.
  Daye v. Community  Financial Loan Service Centers, LLC, 280 F.Supp.3d 1222, 1256.

  D.P.R.2016. Cit. generally in case quot. in sup. In an action by arrestee who was shot by federal agents
  during the execution of a search warrant, this court denied the government's motion for summary
  judgment, holding that a question of fact remained as to whether the agents reasonably believed that
  they needed to shoot arrestee in self-defense under Restatement Second of Torts § 65. In making its
  decision, the court noted that, in cases where Puerto Rico law had not diverged from common-law
  principles, the Restatement Second of Torts supplied the appropriate framework for analysis of a tort
  claim arising under Puerto Rico law. Escalera-Salgado v. United States, 261 F.Supp.3d 163, 168.






mA 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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