Intentional Torts. Legal news and articles for April 21 - 28, 2017

Foreign-State-Sponsored Espionage Not Actionable Under FISA Where Intent to Spy Occurs AbroadArbitration Where the Franchisor Is Intentionally ExcludedHome Depot Murder Case Teaches that Employer May Be Held Liable"Stealthing:" Removing condoms during sex raises legal, ethical concerns"Stealthing:" Removing condoms during sex raises legal, ethical concernsParalyzed Girl's Parents Can Appeal Court Order Capping Hospital DamagesBackyard skinny-dippers lack effective laws to keep peeping drones ...Backyard skinny-dippers lack effective laws to keep peeping drones at bayFive 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 ...

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How Judge Gorsuch's views on “natural law” could shape his opinions on the Supreme Court
VoxApril 4, 2017

Because he has downplayed his interest in natural law in his more public remarks, it is crucial for senators to understand Judge Neil Gorsuch's judicial philosophy and the connection it draws between morality and the law. .... theories cannot settle ...more »

State Tobacco Litigation Not Subject to Federal Preemption
Daily Business Review (registration)April 6, 2017

R.J. Reynolds Tobacco Co. argued federal law preempts state law tort claims brought by thousands of Florida smokers and their families after the court disbanded the Engle statewide class action in 2006. Florida's Fourth District Court of Appeal ...more »

Intentional Torts. News and Stories

Foreign-State-Sponsored Espionage Not Actionable Under FISA Where Intent to Spy Occurs Abroad
The National Law ReviewApril 28, 2017

Kidane filed suit under the Wiretap Act, 18 USC §§ 2510 et seq., which prohibits “any person [from] intentionally intercept[ing] . . . any wire, oral, or electronic communication[,]” as well as under Maryland's common law tort of intrusion upon seclusion.more »

Arbitration Where the Franchisor Is Intentionally Excluded
The Legal IntelligencerApril 28, 2017

Arbitration Where the Franchisor Is Intentionally Excluded ... of the arbitration clause provided: "I agree that I will settle any and all previously unasserted claims, disputes or controversies arising out of or relating to my application or candidacy ...more »

Home Depot Murder Case Teaches that Employer May Be Held Liable
The National Law ReviewApril 28, 2017

Ellerth, the court noted that the law has moved toward holding employers vicariously liable for their supervisory employees' intentional torts committed outside the scope of their employment but by abusing their supervisory authority, subject to an ...more »

"Stealthing:" Removing condoms during sex raises legal, ethical concerns
WDJTApril 27, 2017

(CBS NEWS) A new research paper sheds light on the disturbing practice of “stealthing” — the intentional removal of a condom during sex without a partner's consent. The paper, written by Alexandra Brodsky and published in the Columbia Journal of ...more »

"Stealthing:" Removing condoms during sex raises legal, ethical concerns
CBS NewsApril 26, 2017

A new research paper sheds light on the disturbing practice of “stealthing” — the intentional removal of a condom during sex without a partner's consent. ... However, she acknowledges that the law often falls short in supporting victims of sexual ...more »

Paralyzed Girl's Parents Can Appeal Court Order Capping Hospital Damages
Bloomberg BNAApril 26, 2017

The parents of a young girl who was paralyzed after a hospital allegedly failed to properly diagnose an injury to her spinal cord can seek an immediate appeal of a court order capping the damages available to her under federal emergency treatment laws ...more »

Backyard skinny-dippers lack effective laws to keep peeping drones ...
Phys.OrgApril 26, 2017

New technologies make it easier than ever for peeping Toms – and the law isn't much help to stop them. Credit: Gisele Porcaro/Wikimedia Commons, CC BY.more »

Backyard skinny-dippers lack effective laws to keep peeping drones at bay
EconoTimesApril 26, 2017

Unlike its common-law cousins, Australia lacks a tort of privacy. This is based on the conventional view that it would effectively prohibit people looking over each other's fences. If you don't like that happening – the old reasoning goes – you should ...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 »

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 »

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