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Case Citations [1] (July 2020 - April 2021)

handle is hein.ali/restate0334 and id is 1 raw text is: TORTS 2D
Generally
C.A.11, 2020. Cit. generally in sup. Cruise-ship passenger brought a negligence action against cruise
line, alleging that her arm was injured when she tried to sit on a chair in her cabin and the chair
collapsed. The district court granted summary judgment for cruise line, finding that cruise line did not
have notice that the chair was dangerous. Affirming, this court held, among other things, that
passenger's failure to prove that cruise line had notice that the chair was dangerous could not be cured
by her reliance on res ipsa loquitur under Restatement Second of Torts § 328D. In making its decision,
the court noted that, in the absence of an established federal maritime rule, federal courts often applied
the general common law and the Restatement Second of Torts to establish common-law admiralty rules
governing maritime liability. Tesoriero v. Carnival Corporation, 965 F.3d 1170, 1178.
S.D.Ala.2020. Cit. generally in sup. In a dispute between captain of a ship and his former employers,
who allegedly made defamatory statements about him to his new employer, this court granted summary
judgment for defendants on plaintiff's claims for defamation and intentional infliction of emotional
distress, but denied it as to his claims for tortious interference with current and future contractual
relations. In making its decision, the court noted that it looked to common-law principles contained in
the Restatement Second of Torts in tortious-interference claims, as well as in claims for defamation and
intentional infliction of emotional distress in maritime cases. Sangha v. Navig8 Ship Management PTE
Ltd., 440 F.Supp.3d 1286, 1293, 1299, 1301.
D.D.C.2020. Cit. generally in disc. Immediate family members and estates of deceased victims of
bombings at the U.S. embassy in Lebanon filed an action under the terrorism exception to the Foreign
Sovereign Immunities Act against Iran, alleging that defendant sponsored and supported the terrorist
bombings, and seeking damages for wrongful death, loss of consortium, and intentional infliction of
emotional distress. This court granted in part plaintiffs' motion for default judgment, holding that they
established that defendant was not entitled to sovereign immunity for their support of terrorist acts. The
court noted that it could rely on well-established principles of law, such as those found in the
Restatement Second of Torts, to define the elements and scope of theories of recovery that plaintiffs
could look to in establishing a claim for relief under the Act. Barry v. Islamic Republic of Iran, 437
F.Supp.3d 15, 44.
D.D.C.2020. Cit. generally in disc. Family of U.S. Marines service member who was stationed at the
U.S. embassy in Lebanon brought claims of intentional infliction of emotional distress (IIED) under the
terrorism exception to the Foreign Sovereign Immunities Act against the Islamic Republic of Iran,
alleging that defendant provided material support to the terrorists who perpetrated the bombing, and that
the attack severely traumatized service member and substantially deteriorated plaintiffs' relationship
with him. This court granted plaintiffs' motion for entry of default judgment, holding that plaintiffs
provided satisfactory evidence for their IIED claim under Restatement Second of Torts § 46. The court
noted that because the Act did not provide a substantive basis for plaintiffs' claims, federal courts
looked to well-established principles of law set forth by the Restatement Second of Torts to evaluate
claims under the Act. Ewan v. Islamic Republic of Iran, 466 F.Supp.3d 236, 245.
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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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