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Torts: Cases and Materials
This title is a part of our CasebookPlus™ offering as ISBN 9781647089832. Learn more at
Faculty-CasebookPlus.com.
This casebook strives to invigorate the study of intentional torts by going beyond the traditional personal injury approach in a number of ways. The book provides cases that put old torts in new contexts, raising interesting and exciting questions, for example, looking at environmental litigation and discrimination. The book offers a detailed look at economic torts in the basic intentional torts section, including the tort of intentional interference with contractual and economic relations, which almost all students will encounter in whatever field of practice (e.g., corporate, entertainment, public interest) they ultimately choose.
Negligence is critiqued from feminist, economic and other perspectives. The new edition incorporates newly adopted Restatement of Torts (Third) subjects including intentional torts, economic torts, malicious prosecution, and abuse of process. We also include new cases and notes addressing liability for failure to protect from Covid infection, Covid causation issues, and the interplay between Covid liability and workers’ compensation. In addition, the new edition includes a major election fraud defamation case, prominent defamation litigation addressing sexual assault, a fraudulent misrepresentation civil case against former President Trump, and discussion of fossil fuel corporations’ potential liability for global warming. We have included a variety of new defamation and privacy cases, and a nuisance claim against pharmacies for potential contribution to the opioid crisis.
Cases have been selected for their teachability and stimulation for students. Notes are straight forward to allow professors freedom to focus on policy concerns.
Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 03/01/2024
John L. Diamond, UC College of the Law, San Francisco
Dorit R. Reiss, UC College of the Law, San Francisco
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Chapter 1:
- New Restatement (Third) Intentional Torts analysis of battery including new highly debated rules on liability for offensive battery.
- Rape and sexual assault as battery. Discussion of Carroll v. Trump litigation.
- Restatement (Third) Intentional Torts revision to assault tort definition.
- Restatement (Third) Intentional Torts change to false imprisonment definition on liability for unconscious imprisonment.
- Restatement (Third) Economic Harm revisions on malicious prosecution and abuse of process definitions.
- New principal case on Intentional infliction of Emotional Distress: Swenson v. Northern Crop Insurance.
- New Restatement (Third) Liability for Economic Harm proposed new structural approach for intentional interference of contract and intentional interference of economic expectations.
- New principal case for intentional misrepresentation: New York v. Trump.
Chapter 2:
- New principal case on COVID-19 on causation: Landivar v. Celebrity Cruises with additional other new cases on COVID-19 causation.
- Herskovits v. Group Health: expanded with additional concurrence and dissents.
- New note on lead paint liability under market risk liability.
- New note case: Michigan v. Crumbley on criminal intervening causes in school shooting.
- New principal case on liability for COVID-19 exposure: Kiciemba v. Victory Woodworks.
- New note case on liability for fear of COVID-19.
- New note cases and discussion on qualified immunity for police officers and Presidential claims for immunity.
Chapter 3:
- New note on federal exemption for gun manufacturer and Sandy Hook school shooting family settlement.
Chapter 4:
- New principal case: San Francisco v. Purdue Pharma. Nuisance case on opioid epidemic.
Chapter 7:
- New principal case: Kuciemba v. Victory Woodworks: workers compensation for COVID-19 exposure to employees’ household members.
Chapter 8:
- New principal case: Wong v. Jing defamation for Yelp review.
- New note case on Fairstein v. Netflix concerning docudrama on Central Park Five prosecution.
- New note cases on application of defamation to gender orientation and gender identity.
- New principal case on section 230 internet immunity: Blumenthal v. Drudge.
- New note on application of actual malice discussing: Carroll v. Trump; Depp v. Heard; Palin v. N.Y. Times; Reed v. Brandell.
- New principal case: Medico v. Time on fair and accurate reporting privilege.
- New note on limited Presidential immunity for defamation.
- New principal case: US Dominion v. Fox on major defamation liability case on election denial.
Chapter 9:
- New principal case: Sanders v. American Broadcasting Companies on investigative reporter’s liability under privacy.
- New principal case: Davis v. Facebook on privacy claims against Facebook.
- New principal case: Haynes v. Knopf on sociologist potential liability for invasion of privacy.
- New note on Sternbuch v. Cutler case: potential liability for website on author’s sexual liaisons.
- New note case on Hulk Hogen v. Gawker: liability for privacy.
Learn more about this series.
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