Torts: Economic Harm Posts

January Council Meeting Updates

At its meeting in Philadelphia on January 18 and 19, the Council reviewed drafts for several projects, with the following outcomes:

Reflection on Collective Thought

I consider a Restatement in general to be an exercise in harnessing collective wisdom, not the wisdom of a Reporter. It’s an attempt to gather the collective wisdom of the courts in this country on various difficult questions, and the collective wisdom of the bench, the bar, and the legal academy in making sense out of what the courts have said.

Beaman seeks high court review of malicious prosecution claim

Alan Beaman has asked the Illinois Supreme Court to review his claim that Normal police inappropriately urged prosecutors to charge him with murder in the death of his former girlfriend, a charge the state later dismissed following his release from prison and exoneration.

How Do You Prove Damages When Executives Breach A Non-Solicit Provision?

In 2011, a group of executives left Horizon Health Corporation for a competitor, Acadia, but they didn’t leave everything behind. Horizon’s president took a “massive, massive amount” of Horizon documents with him on an external hard drive. And despite provisions in their contracts prohibiting them from soliciting Horizon’s employees, the executives recruited a key member of Horizon’s sales team, John Piechocki, who copied lists of sales leads and added them to his new company’s “master contact list.”

The Economic Loss Rule

The emergence and evolution of the economic loss rule is the most important development of the past generation in the American common law of torts.