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29 Jul 2011, 12:17 am by John Diekman
Practice point: The elements are: (1) the intentional infliction of harm, (2) which results in special damages, (3) without any excuse or justification, (4) by an act or series of acts which would otherwise be lawful.Student note: The claim does not lie where defendant's action has any motive other than a desire to injure the plaintiff.Case: Smith v. [read post]
19 Jun 2012, 9:49 am by Jon Sands
It held that under the Supreme Court's test in Smith v. [read post]
8 Nov 2015, 5:40 pm by Francis Pileggi
See, e.g., footnote 182 (citing Merrill Lynch, Pierce Fenner & Smith, Inc. v. [read post]
13 Jan 2012, 6:47 am by Kali Borkoski
While the case does not involve the hot button political discourse that was the topic of Snyder v. [read post]
18 Jul 2023, 1:59 am by Matrix Law
When does the motive defence in section 741 ICTA 1988 apply to prevent a charge applying? [read post]
9 Oct 2018, 2:13 pm by Amy Howe
SEC (Monday, Dec. 3): Whether a misstatement claim that does not meet the requirements outlined in the Supreme Court’s cases can instead be pursued as a fraudulent-scheme claim Biestek v. [read post]
24 Aug 2017, 5:46 am by Dan Ernst
  General Washington relied upon this resolution in 1780 as authority to convene a court-martial to try Joshua Hett Smith for assisting Benedict Arnold in the plot to surrender West Point to the British. [read post]
27 Feb 2020, 11:45 am by Andrew Hursh
The frustration of losing, however, does not violate the Constitution,” Judge Smith concluded. [read post]
15 Feb 2024, 9:22 am by centerforartlaw
Rybolovlev admitted that it’s hard for him to trust people, but once he does, he trusts them entirely. [read post]