Intentional Torts Posts

Conceptualizing the Intentional Torts

According to the most recent draft of the Restatement (Third) of Torts: Intentional Torts to Persons, the intentional torts protect the rightholder’s interests differently from negligence-based rules and strict liability, placing them into a distinct substantive category. This conceptualization, however, does not provide courts with adequate guidance on how to formulate the element of intent.

Contact Requirement in Infliction of Bodily Harm

Mr. Eichenwald, a journalist who has been critical of President Donald Trump, was sent an image via Twitter that intentionally caused him to have a seizure. The tweet read, “you deserve a seizure for your posts.” Mr. Eichenwald filed paperwork in a Dallas court asking Twitter to identify the person who sent the tweet, and Twitter has indicated that it will turn over the data on the user.