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

handle is hein.ali/restate0331 and id is 1 raw text is: 





                                       TORTS 2D



Generally

D.D.C.2018.  Cit. generally in cases quot. in sup. In an action arising from the bombing of a residential
complex  in Saudi Arabia, surviving victims and their family members brought an action under the
terrorism exception of the Foreign Sovereign Immunities Act (FSIA) against the Islamic Republic of
Iran and a branch of its armed forces, alleging that defendants provided material support to the terrorist
organization that carried out the bombing. After defendants failed to appear, this court granted in part
plaintiffs' motion for a default judgment, holding that defendants were jointly and severally liable for
the pain and suffering inflicted on surviving victims and for the emotional distress inflicted on their
family members.  In making its decision, the court noted that courts could rely on well-established
statements of common  law found in the Restatement Second of Torts in determining damages in actions
under the terrorism exception of the FSIA. Akins v. Islamic Republic of Iran, 332 F.Supp.3d 1, 35, 38.

D.D.C.2018.  Cit. generally in disc., cit. generally in case quot. in disc. After United States citizen was
killed in a terrorist attack in Jerusalem, decedent's parents and siblings filed a lawsuit under the Foreign
Sovereign Immunities  Act (FSIA) against the Islamic Republic of Iran, alleging that defendant had
supported and caused the terrorist attack that resulted in decedent's death. This court granted plaintiffs'
motion for default judgment, holding, inter alia, that plaintiffs were entitled to damages based on their
various tort claims, including wrongful death, survival, intentional infliction of emotional distress, and
solatium. The court looked to the Restatement Second of Torts in defining the specific tort claims that
plaintiffs could bring under the FSIA against defendant, because federal statutory law did not
specifically define the types of claims that plaintiffs were permitted to allege against a foreign
government.  Estate of Hirshfeld v. Islamic Republic of Iran, 330 F.Supp.3d 107, 138.

D.D.C.2018.  Cit. generally in case cit. in disc. Parents, individually and on behalf of deceased child's
estate, brought a lawsuit under the Foreign Sovereign Immunities against the Democratic People's
Republic of Korea, after decedent sustained injuries while detained by defendant that resulted in his
death, alleging that defendant took decedent hostage, tortured him, and committed an extrajudicial
killing. This court granted plaintiffs' motion for default judgment, holding, inter alia, that defendant was
liable for decedent's medical expenses. The court noted that federal courts have relied on the
Restatement Second  of Torts in determining damages for claims arising under the Foreign Sovereign
Immunities Act. Warmbier  v. Democratic People's Republic of Korea, 356 F.Supp.3d  30, 56.

S.D.Fla.2018. Cit. generally in disc. After cruise-ship passengers were refused re-entry onto the cruise
ship following a passenger's medical emergency, passengers brought a lawsuit against cruise line,
alleging, inter alia, a trespass claim based on crewmembers' entry into plaintiffs' cabin and removal of
their belongings. This court granted defendant's motion to dismiss, holding that defendant did not
trespass onto plaintiffs' cabin, because plaintiffs never had possession of their cabin. The court
explained that federal courts often looked to common-law sources such as the Restatement Second of
Torts to define maritime laws. Negron v. Celebrity Cruises, Inc., 360 F.Supp.3d 1358, 1363.



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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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