treatment of intentional torts
, the Restatement discusses state
The possibility that some intentional torts
may not have a geographic focal point raises a larger question: why should the defendant's geographic focus matter at all?
124) On the other hand, absent the ATS, federal courts had no adequate means to redress claims by aliens for intentional torts
committed by U.
Andrich, (20) held that although the state's Comparative Negligence Act extends beyond ordinary negligence actions to include intentional torts
, it does not apply to allow comparative fault apportionment of punitive damages for any type of act.
Analyzing these decisions shows that if an intentional tort
exception to the LHWCA were to be applied, such potential application should be met with a heavy burden for an injured employee.
Sixth, some states provide for a privilege of unlawful conduct to bar recovery for an intentional tort
As for the second exception, the "district court treated [plaintiffs] claims of misappropriation of trade secrets and breach of a confidential relationship as a claim of interference with contract rights," (336) which the intentional tort
Although the majority's opinion can be criticized for its crabbed interpretation of the statutory exceptions for the employment relationship and conditions,3 ultimately it would have been difficult to prove that the district's actions in this case constituted an intentional tort
Question Two asked whether under Alaska law the policyholder could obtain coverage even when another insured committed an intentional tort
in cases when the innocent policyholders were accused of mere negligence by the third party victim.
If his rendering of the tort/crime distinction is correct, it is difficult to understand why the law ever developed the hybrid category of intentional tort
and, more importantly, the justification for its continued use.
It would be irrational to allow a party who negligently fails to provide reasonable security measures to reduce its liability because there is an intervening tort, when the intervening intentional tort
is exactly what the security measures are supposed to protect against," the court ruled.
To compensate a victim for suffering an intentional tort
, various damages are recoverable.