Intentional Torts. Legal news and articles for April 19 - 25, 2017

Five Pitfalls of Cybersecurity Insurance: Lessons from the United StatesFive Pitfalls of Cybersecurity Insurance: Lessons from the United StatesThe Spoliation Cause of Action: A Vampire in the Court SystemAmerican Honda, other defendants win some, lose some in repossession claim dismissal fightDefense counsel seeking to dismiss poisoned man's claims for punitive damagesCourt Approves US-Style Group Claim for Hate SpeechSupreme Court of California Holds That a Losing Bidder on a Public Works Contract Cannot Sue the Winning Bidder for ...Supreme Court of California Holds That a Losing Bidder on a Public Works Contract Cannot Sue the Winning Bidder for ...When Can a Private Contractor Receive Governmental Immunity?Unpublished Opinions for the Week of April 24, 2017Unpublished Opinions for the Week of April 24, 2017Unpublished Opinions for the Week of April 24, 2017Home Destinations Attempted rape and assault of 12-year-old child guest at Covecastles: Is resort...California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just ...Peter Thiel Objects to Investigation Into How He Funded Gawker's Demise

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Suits target safety violations to bypass comp
Business InsuranceApril 3, 2017

Battelle Energy Alliance L.L.C., the U.S. District Court for Idaho in Boise considered a case against Idaho Falls, Idahobased Battelle Energy Alliance L.L.C. that invoked the intentional tort exception. ... that an employee is going to be injured ...more »

Tilley on Tort Theory
Law Professor Blogs Network (blog)April 7, 2017

Scrutinizing tort doctrine yields a surprising insight: tort law is not primarily concerned with efficiency or morality, as the instrumentalists have long contended, but with community. A linguistic study of the Restatement of Torts reveals that ...more »

Intentional Torts. News and Stories

Five Pitfalls of Cybersecurity Insurance: Lessons from the United States
Lexology (registration)April 25, 2017

Insurance may provide coverage for certain claims to the exclusion of others. In Travelers Property Casualty Company of America v Federal Recovery Services Inc, the insured made a claim based on costs incurred for litigation resulting from a tort claim ...more »

Five Pitfalls of Cybersecurity Insurance: Lessons from the United States
Lexology (registration)April 25, 2017

Insurance may provide coverage for certain claims to the exclusion of others. In Travelers Property Casualty Company of America v Federal Recovery Services Inc, the insured made a claim based on costs incurred for litigation resulting from a tort claim ...more »

The Spoliation Cause of Action: A Vampire in the Court System
New York Law Journal (registration)April 25, 2017

Then, through negligence, intentional act or fraud, the employer rids itself of the item or destroyed it without leaving behind any means for the employee to test or examine the item. ... In Alegria, Justice Jack M. Battaglia weighed in on the Ortega ...more »

American Honda, other defendants win some, lose some in repossession claim dismissal fight
The Pennsylvania RecordApril 24, 2017

17, the district court declined to dismiss four non-intentional tort claims but granted the defendants' request for dismissal of Engle's two claims for an award of treble and/or punitive damages and three claims for assault and battery, conversion and ...more »

Defense counsel seeking to dismiss poisoned man's claims for punitive damages
The Pennsylvania RecordApril 24, 2017

On April 12, defense counsel Jared B. Shafer filed a motion of preliminary objections to dismiss Jonathan Olszewski's aforementioned claims against Adams Expediting, Inc., on the premises that the claims were precluded by workers' compensation law in ...more »

Court Approves US-Style Group Claim for Hate Speech
Lexology (registration)April 24, 2017

An Ontario court has found that while a class action for defamation and injury cannot be brought against individuals for promoting hate speech at the Toronto Pride Parade, an amended group "opt in" claim may be advanced against them, similar to US law ...more »

Supreme Court of California Holds That a Losing Bidder on a Public Works Contract Cannot Sue the Winning Bidder for ...
Lexology (registration)April 21, 2017

Under a claim for intentional interference with prospective economic advantage, the plaintiff must prove that it has an economic relationship with a third party that contains some probability of future economic benefit and that the defendant tortuously ...more »

Supreme Court of California Holds That a Losing Bidder on a Public Works Contract Cannot Sue the Winning Bidder for ...
JD Supra (press release)April 20, 2017

Under a claim for intentional interference with prospective economic advantage, the plaintiff must prove that it has an economic relationship with a third party that contains some probability of future economic benefit and that the defendant tortuously ...more »

When Can a Private Contractor Receive Governmental Immunity?
The National Law ReviewApril 20, 2017

213, political corporation, governmental subdivision or any agency thereof for the intentional torts of its officers, officials, agents or employees nor may any suit be brought against such corporation, subdivision or agency or volunteer fire company ...more »

Unpublished Opinions for the Week of April 24, 2017
New Jersey Law JournalApril 20, 2017

She went to court, fell in the bathroom and filed a tort claim notice against the borough which denied her claim. Plaintiff filed an eight-count complaint against borough and law firm accusing them of negligence and violations of the ADA, the law ...more »

Unpublished Opinions for the Week of April 24, 2017
New Jersey Law JournalApril 20, 2017

Plaintiff filed an eight-count complaint against borough and law firm accusing them of negligence and violations of the ADA, the law against discrimination and the federal and state constitutions. Her complaint was dismissed for lack of prosecution and ...more »

Unpublished Opinions for the Week of April 24, 2017
New Jersey Law JournalApril 20, 2017

She went to court, fell in the bathroom and filed a tort claim notice against the borough which denied her claim. Plaintiff filed an eight-count complaint against borough and law firm accusing them of negligence and violations of the ADA, the law ...more »

Home Destinations Attempted rape and assault of 12-year-old child guest at Covecastles: Is resort...
eTurboNewsApril 20, 2017

These companies have discovered they can harness advances in software and behavioral sciences to old-fashioned worker exploitation, according to a growing body of evidence, because employees lack the basic protections of American law. ... “Where, as is ...more »

California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just ...
JD Supra (press release)April 19, 2017

Earlier, we reported on a California Court of Appeals decision – Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. – which held for the first time that a second-place bidder on a public works contract could sue a winning bidder who failed to ...more »

Peter Thiel Objects to Investigation Into How He Funded Gawker's Demise
Hollywood ReporterApril 19, 2017

If Gawker did sue Thiel, it would likely be in New York and allege a prima facie tort, which would require Gawker to demonstrate intentional infliction of harm and conduct without excuse or justification and motivated solely by malice. Thiel argues ...more »

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