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Case Citations [1] (Spring 2025)

handle is hein.ali/restate0343 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2025 Citations TORTS 2D Generally C.A.1, Bkrtcy.App.2024. Cit. in case cit. generally in disc. After a state court found that construction company and its owner misclassified workers as independent contractors and were strictly liable to workers for unpaid overtime under a Massachusetts statute, owner filed for bankruptcy, and workers brought an adversary proceeding against owner, seeking a determination that the debt was excepted from discharge because owner had willfully and maliciously injured them. The bankruptcy court entered judgment for owner. This court affirmed, holding that, while owner caused workers to suffer an injury, the record failed to rule out that he acted merely negligently or recklessly. The court observed that willful and malicious was not defined in the Bankruptcy Code, but that its meaning could be derived from other sources discussing similar concepts, including the Restatement of Torts and Restatement Second of Torts. In re Sivieri, 657 B.R. 303, 308. C.A.9, 2024. Cit. generally in ftn. Internet users filed a class-action lawsuit against operator of an internet search browser, alleging that its surreptitious collection of personal data from users who chose not to sync their browsers with their online accounts with defendant violated state and federal law. The district court granted summary judgment for defendant. This court reversed and remanded, holding that there were material issues of fact as to whether reasonable users would have understood that they had consented to the collection of their data when using defendant's browser in an un-synced mode, based on a privacy policy which represented that their personal information would not be sent to defendant unless plaintiffs synced their accounts. The court noted that it was generally guided by the principles outlined in the Restatement Second of Torts and looked to it to determine the contours of the consent defense. Calhoun v. Google, LLC, 113 F.4th 1141, 1147. S.D.Iowa, 2023. Cit. generally in sup. and cit. generally in cases cit. in sup. Estate of a bar owner who was well known for performing a bar trick in the 1950s sued brewery, alleging, among other things, that it appropriated the bar owner's name, likeness, and right of publicity for marketing purposes in violation of Iowa common law. This court denied in part brewery's motion for summary judgment, predicting, as a matter of first impression, that the Iowa Supreme Court would recognize a cause of action for appropriation of name and likeness. In support of its conclusion, the court pointed to the Iowa court's proclivity for following the Restatement Second of Torts, which recognized that appropriation of the COPYRIGHT 02025 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.