Mark Geistfeld | October 3, 2017 | Torts: Intentional Torts to Persons
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...
Stephen Sugarman | September 29, 2017 | Torts: Intentional Torts to Persons
ABSTRACTThis article offers a bold proposal: eliminate the intentional tort of battery and merge cases of both the negligent and intentional imposition of physical harm into a single new tort.The advantages of a single tort of wrongfully causing physical harm to...
Pauline Toboulidis | August 30, 2017 | Torts: Intentional Torts to Persons
The U.S. Court of Appeals for the Sixth Circuit upheld a lower court decision dismissing a law professor’s lawsuit against Ohio Northern University Pettit College of Law’s former interim dean. In his assault and battery suit, the plaintiff alleged that he suffered...
Jonathan Cardi and Kenneth W. Simons | March 24, 2017 | Torts: Intentional Torts to Persons
UPDATED: The black letter provided in this post was updated on May 3, 2017. Section 3 – Battery: Definition of Offensive Contact, of the Intentional Torts project appeared at ALI’s Annual Meeting in 2015 (at the time it was numbered Section 103). Due to a close vote...
Jennifer Morinigo | March 8, 2017 | Torts: Intentional Torts to Persons
Torts Prof Blog examined Section 104 (now numbered Section 4), Purposeful Infliction of Bodily Harm, of the Intentional Torts to Persons Project, with regard to the Kurt Eichenwald seizure incident. Mr. Eichenwald, a journalist who has been critical of President...
