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Case Citations [1] (Fall 2024)

handle is hein.ali/relwtrts0342 and id is 1 raw text is: 





                             THE AMERICAN


                               LAW INSTITUTE



                                       Fall 2024 Citations



                                         TORTS



Generally

C.A.2, 2023. Cit. generally in ftn. Independent advisor who formerly provided investment-valuation
services to bank filed a claim for misappropriation of trade secrets against bank and consulting firm that
bank hired to replace him, alleging that defendants used plaintiff s spreadsheets to reverse engineer a
bespoke valuation model that plaintiff developed to evaluate bank's potential energy-sector investments
and monitor existing ones. The district court granted defendants' motion to dismiss. This court affirmed
the dismissal of plaintiff's claim for misappropriation of trade secrets, holding that plaintiff failed to
plausibly allege that the model was a trade secret or that defendants misappropriated it under
Restatement of Torts § 757. The court noted that New York courts looked to the Restatement of Torts in
defining the various elements of the tort of trade-secret misappropriation. Pauwels v. Deloitte LLP, 83
F.4th 171, 185.



                                       INTRODUCTION

Ga.2023. Intro. quot. in sup. Estate and family of passenger who died of complications from injuries
sustained in a car accident sued manufacturer of the car in federal court. After defendant removed the
action, the district court denied defendant's motion for summary judgment, in which defendant argued
that Georgia's statute of repose barred plaintiffs' negligent-design claims because defendant did not act
willfully or wantonly as a matter of law. Answering questions certified by the district court for review,
this court held that reckless ... disregard for life or property under the statute of repose carried a
meaning that closely resembled the definition of Reckless Disregard of Safety set forth in the
Restatement First of Torts § 500. The court noted that the Restatement of Torts synthesized legal
principles commonly applied across United States jurisdictions and that it was a well-established
practice in Georgia courts to rely on the First and Second of Restatements of Torts for relevant context
in interpreting and applying Georgia law. Ford Motor Company v. Cosper, 893 S.E.3d 106, 117.




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