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Tag Archives: Tort

The ‘outrageous torts’ exception (access required)

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A tool that allows consumers to keep claims against a company from being forced into arbitration faces an uncertain future, following a recent ruling out of the South Carolina Supreme Court. The outrageous torts exception — which enables parties to ...

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Tort – FAA Inspection – Flight Instructor – Helicopter’s Airworthiness Certificate – ‘Discretionary’ (access required)

Holbrook v. U.S. A helicopter flight instructor cannot sue the Federal Aviation Administration for alleged harm to his flight instruction business resulting from the FAA’s suspension of an airworthiness certification of the helicopter leased by the instructor; the 4th Circuit affirms the district court’s finding that the FAA inspector’s original certification of the aircraft fell under the FTCA’s discretionary function exception.

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Tort – Dismissal for Iraqi Detainee Tort Claims (access required)

Al-Shimari v. CACI Int’l Inc. Claims filed by four Iraqi citizens seized by the U.S. military in the Iraq war zone, against a government contractor who allegedly conspired to torture claimants during interrogations, are pre-empted by federal law and displaced, and the case is remanded for dismissal by the District Court.

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Tort – Iraqi Detainee Claims Against Contractor Dismissed (access required)

Al-Quraishi v. L-3 Services Inc. In this tort suit with claims filed by 72 Iraqi detainees, seized in Iraq by U.S. military personnel and allegedly tortured by defendant government contractor, the 4th Circuit says it has jurisdiction over this interlocutory appeal, but it reverses the District Court order denying the government contractor’s motion to dismiss and remands with instructions to dismiss.

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