but also the defendant's position: when an
intentional tortFifth, it proposes a new approach to analyzing jurisdiction by considering whether actors who commit
intentional torts without a geographic focal point assume the risk of being sued wherever harm occurs.
Rather, the doctrine of proximate cause morphs depending on the context in which it is being applied, with proximate cause hardly ever being an issue in
intentional tort cases.
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intentional torts have narrow requirements and/or apply to specific types of injuries.
Here, product liability again provides a useful illustration because punitive damages may be awarded where the defendant manufacturer has not committed an
intentional tort. (191) Also, a plaintiff may be culpable in some respect for contributing to his or her injury due to a variety of factors, including product misuse or ignoring adequate warnings.
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.
2005) (holding forum based injuries caused by
intentional tort provide basis for jurisdiction).
These self-help legal constructs, in turn, can be divided into three parts: (1) traditional
intentional tort defenses, (2) traditional negligence tort defenses and barriers, and (3) analogical self-help defenses.
In the opinion, the court states "[t]he parties appear to agree that the disclosure of trade secrets is not a discretionary function because federal law prohibits it." (330) In addition, the court found that wrongful disclosure of a trade secret did not fall under the
intentional tort exception of the FTCA.
On 21 October 1999, separate from another suit to challenge her termination, Coolidge filed a negligence claim against Adam's parents and an employment
intentional tort claim against the school district.
Complaints that allege only
intentional tort theories--or in some jurisdictions, only facts showing intentional acts--may not trigger the duty to defend because the allegations, even if proven, do not lie within the coverage of the policies.