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Case Citations [i] (Fall 2025)

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                             THE AMERICAN


                               LAW INSTITUTE



                                       Fall 2025 Citations



                                       TORTS 2D



Generally

D.D.C.2024.  Cit. generally in case cit. in disc. Estates and family members of deceased U.S. military
servicemen filed claims for battery, wrongful death, and intentional infliction of emotional distress
against Syria and Syrian military intelligence agency pursuant to the Foreign Sovereign Immunities Act,
seeking damages resulting from the alleged kidnapping, torture, and extrajudicial killing of the
servicemen by a foreign terrorist organization that had material support from defendants. This court
entered default judgment against defendants, holding that plaintiffs established their claims by evidence
satisfactory to the court on their claims. The court noted that it relied on the principles of law found in
the Restatement Second of Torts to define the elements and scope of theories of recovery brought under
the Act. Estate of Fouty v. Syrian Arab Republic, 743 F.Supp.3d 118, 156.

N.D.Iowa, 2024. Cit. generally in sup. Professional models sued operator of a strip club, alleging that it
used their images without their consent to commercially promote and increase attendance at its club.
This court denied models' motion for partial summary judgment on their claims for violation of their
right to privacy by appropriation and violation of their right to publicity, holding that there were genuine
issues of material fact as to whether models were reasonably identifiable from the images depicted in
operator's social media posts and flyers. The court predicted that the Iowa Supreme Court would allow
models' claims to proceed, noting that, while the Iowa Supreme Court had not yet decided cases
involving appropriation and the right of publicity, it had long recognized the right of privacy as
characterized in the Restatement Second of Torts. Souza v. Charmed LLC, 715 F.Supp.3d 1118, 1124.

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

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