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Case Citations [1] (July 2018 through April 2019)

handle is hein.ali/restate0330 and id is 1 raw text is: 

                                        TORTS 2D


  C.A.D.C.2018. Cit. generally in sup. In an action arising from the kidnapping and murder of a 16-year-
  old student by a terrorist organization in Israel, family of student brought an action under the terrorism
  exception to the Foreign Sovereign Immunities Act against, among others, the Islamic Republic of Iran,
  alleging that defendants were liable for providing material support to the organization. In affirming in
  part the trial court's award of damages to plaintiffs, this court noted that, while courts were not
  authorized to craft a body of federal common law in deciding claims under the Act's terrorism
  exception, courts could rely on well-established statements of common law, like those found in the
  Restatement Second of Torts, in determining damages under the exception. Fraenkel v. Islamic Republic
  of Iran, Ministry of Foreign Affairs, et al., 892 F.3d 348, 353.

  Ariz.2018. Cit. generally in sup. In a negligence action against employer arising from the death of
  employee's son, who contracted mesothelioma through exposure to asbestos fibers carried home on
  employee's work clothes, this court held that an employer that used asbestos in its workplace did not
  have a duty under the common law to protect the public from secondary exposure to asbestos. The court
  declined to adopt the duty framework set forth in the Restatement Third of Torts: Liability for Physical
  and Emotional Harm, reasoning that it created a limitless duty of care owed to all people at all times that
  was inconsistent with Arizona law, which provided that duty was based on a special relationship
  recognized by the common law or on a relationship created by public policy. In making its decision, the
  court noted that it generally followed the Restatement Second of Torts unless it conflicted with Arizona
  law. Quiroz v. ALCOA Inc., 416 P.3d 824, 827, 834.

  Kan.2018. Cit. generally in disc., cit. generally in case quot. in disc. Estate of driver who was killed in a
  two-car accident at a rural intersection sued owners of property located at one corner of the intersection,
  alleging that an overgrowth of trees and vegetation on the property obstructed the view at the
  intersection and contributed to the accident. The trial court granted summary judgment for defendants,
  and the court of appeals affirmed. Affirming, this court held that, consistent with Restatement Second of
  Torts, defendants owed no common-law duty to passing drivers to correct a natural condition on their
  property that affected road visibility at the intersection. The court declined to adopt the approach set
  forth in the Restatement Third of Torts: Liability for Physical and Emotional Harm, which provided that
  a property owner could be liable to someone off the property who was injured by a natural condition of
  the property if the landowner knew of the risk or the risk was obvious. Manley v. Hallbauer, 423 P.3d
  480, 482, 483.



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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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