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Case Citations [i] (Spring 2026)

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                            THE AMERICAN


                            LAW INSTITUTE



                                    Spring 2026 Citations



    TORTS 3D: LIABILITY FOR PHYSICAL AND

                          EMOTIONAL HARM



Generally

Ohio App.2024. Cit. generally in 1. rev. art. quot. in sup. After victim died from an overdose of heroin,
kratom, and other drugs, defendant who helped victim purchase heroin shortly prior to victim's death
was indicted on charges of involuntary manslaughter, corrupting another with drugs, and trafficking in
heroin. The trial court denied defendant's motion for an acquittal and found defendant guilty on all three
counts. This court reversed the judgment, vacated the convictions, and remanded, holding that there was
insufficient evidence that the victim's use of heroin was the but-for cause of his death. The court
declined to apply the substantial-factor test in determining causation for mixed-drug overdose deaths
and other cases, pointing out that courts and commentators had moved away from the test based on its
lack of certainty and that the Restatement Third of Torts: Liability for Physical and Emotional Harm had
also rid itself of the test. State v. Seymour, 257 N.E.3d 384, 397.



        CHAPTER 1.   INTENT,  RECKLESSNESS, AND NEGLIGENCE: DEFINITIONS

§ 1. Intent

Hawaii, 2025. Cit. and quot. in sup. Older brother sued younger brother in a commercial dispute over
the parties' automotive business and sought punitive damages, alleging that defendant used the parties'
business for his personal benefit and stole the business's trade name and most valuable shop. After a
jury trial, the trial court granted defendant's motion for judgment as a matter of law on the issue of
punitive damages. The court of appeals reversed and remanded, finding that the jury should have
considered punitive damages based on the record of defendant's conduct. This court affirmed in part,
adopting the analysis set forth in Restatement Third of Torts: Remedies to update Hawai'i punitive-
damages law. The court observed that the Restatement was consistent with the definitions of intent and
recklessness as set forth in Restatement Third of Torts: Liability for Physical and Emotional Harm §§ 1


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