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Case Citations [i] (Fall 2025)

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                            THE AMERICAN


                              LAW INSTITUTE



                                     Fall 2025 Citations



                                       TORTS



Generally

M.D.Tenn.2024.  Cit. generally in case quot. in sup. Buyers of a new home filed a claim for negligence
against, among others, real estate agency that represented them in connection with the transaction, after
an unidentified fraudster obtained buyer's personal information from agency and used it to persuade
bank's employee to transfer funds for the house from buyers' account with bank without authorization.
This court denied agency's motion to dismiss, holding that buyers adequately stated a claim against
agency for negligence. The court rejected agency's argument that the negligence of bank's employee in
sending an unauthorized wire transfer was an intervening and superseding cause that interrupted the
causal chain and relieved agency of any possible liability, reasoning that, while agency had a solid basis
for arguing that the employee's acts constituted an intervening cause, there were questions of fact as to
whether the employee's acts constituted a superseding cause under the Restatement First of Torts and
the Restatement Second of Torts. Lanahan v. Regions Bank, 732 F.Supp.3d 816, 827.



      DIVISION   ONE.  INTENTIONAL HARMS TO PERSONS, LAND AND CHATTELS

      CHAPTER 2. INTENTIONAL INVASIONS OF INTERESTS IN PERSONALITY

              TOPIC  4. THE INTEREST IN FREEDOM FROM CONFINEMENT

§ 35. False Imprisonment

C.A.9, 2024. Quot. in case quot. in sup. Protestors filed a § 1983 class action against city and police
department, alleging, inter alia, that police offers' use of chemical irritants in dispersing protestors
during a political protest violated plaintiffs' Fourth Amendment rights against unreasonable searches
and seizures. The district court granted in part defendants' motion for summary judgment, declining to
determine the issue of whether the use of force in connection with the deployment of chemical agents
involved a seizure within the meaning of the Fourth Amendment. This court affirmed in part and
remanded, holding that an objective intent to restrain for Fourth Amendment purposes referred to
measures that objectively aimed to detain a person. In deriving the contours of a seizure, the court

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