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This is the first book to comprehensively integrate business torts (also known as economic torts) and unfair competition actions. The book covers all of the major tort causes of action that one might see in a commercial litigation practice, including the economic loss rule, fraud, negligent misrepresentation, tortious interference with contract and prospective contract, breach of fiduciary duty, insurance torts, breach of the duty of good faith, deceptive marketing, commercial disparagement, misappropriation, trade secrets, trademark infringement, antitrust, and civil RICO. The book also covers important state, federal, and model provisions, including the Second and Third Restatement of Torts, the Third Restatement of Unfair Competition, the Restatement of the Law of Liability Insurance, the Lanham Act, the Uniform Trade Secrets Act, and the Defend Trade Secrets Act. The authors have included numerous questions and problems to further students' thinking on more complex topics.
This book first addresses substantive issues, beginning with the changing role of business torts in antitrust litigation and continuing with the extent to which antitrust concepts have been invoked in business tort litigation (focusing on the competitive privilege and the Noerr-Pennington defense). The next chapter surveys the field of unfair competition, followed by an examination of the business torts of commercial disparagement and defamation. Subsequent chapters address interference torts, the common law and statutory torts of fraud and negligent misrepresentation, the field of misappropriation of trade secrets, and recent developments in the area of punitive damages.
Incorporating a mix of seminal and modern cases and materials, this casebook delivers broad coverage of trademarks, unfair competition, and business torts, with ample material on the role of technology. Practice problems in each chapter encourage students to think like practitioners. Ideal for courses on Trademark Law, Unfair Competition, or Business Torts, this casebook features: a broad examination of current trademark and unfair competition law outstanding coverage of false advertising law extensive treatment of the "hot news" doctrine (misappropriation), including the most recent cases a thoughtful survey of business torts, including cases that address tortious interference, trade libel, and related torts such as RICO dynamic pedagogy that spans cutting-edge cases and materials, notes, questions, and hands-on practice problems
This supplement includes all of the Restatement provisions, uniform acts, and statutes needed for the casebook, The Law of Business Torts and Unfair Competition, 2nd Edition: Cases, Materials, and Problems (2023), by Professors Colin Marks and Douglas Moll. Among other provisions, the supplement includes material from the Second and Third Restatement of Torts, the Third Restatement of Unfair Competition, the Lanham Act, the Uniform Trade Secrets Act, and the Defend Trade Secrets Act.
Advanced and Business Tort Law is an ideal casebook with statutes and problems for an advanced and personal torts courses, a business and unfair competition torts courses, or survey of advanced tort law courses. Advanced and Business Tort Law is designed for advanced torts classes with a detailed treatment of dignitary and personal economic torts or business and unfair competition torts or a summary treatment of both. Unlike other casebooks, Advanced and Business Tort Law is ideal for any of the common combinations of the subject matter discussed in upper-level torts classes. The authors’ approach emphasizes the elements of each tort and the policies underlying the tort doctrines. Even more than in their Basic Tort Law casebook, appreciating the statutes relevant to each tort is critical because of significant doctrinal differences among jurisdictions. Key Features of this Edition: Ideal for either dignitary and personal economic torts classes, business and unfair competition classes, or a survey class covering all torts not included in introductory torts classes. Complements Basic Tort Law: Cases, Statutes, and Problems providing complete coverage of modern tort law. The casebook emphasizes principal cases decided in the 2020s covering a broad range of present-day issues, including invasion of the right of privacy, misappropriation of persona, misrepresentation, defamation, the economic loss rule, fraud, breach of fiduciary duty, interference with contractual relations, bad faith performance of contract, commercial disparagement, false and deceptive advertising, trademark infringement, trade secrets, copyright infringement, malicious prosecution, and SLAPPS. Advanced and Business Tort Law including contemporary cases, issues, and perspectives of cultural relevance. They include unauthorized use of the identities of television stars and celebrities, trends in the law of slander and libel, undisclosed use of paid social influencers, media harassment of public figures, Facebook’s banning of controversial posts and defamatory postings, and online reviews, legal claims for police misconduct and modern trends in police immunity, and marketing of performance-enhancing beverages. Professors and students will benefit from: Emphasis on the black letter law and policies underlying tort rules. Problems covering all torts presented in the book with answers provided in the Teachers Manual. Statutes introducing students to variations among states. Straightforward note materials emphasizing key points in each case. Perspective Notes discuss modern developments and policy conflicts.
There is a great wealth of diversity in the business tort laws of all fifty states and the District of Columbia. In addition to the very significant differences in the statutes of limitation, other significant differences include: Some states have not recognized a cause of action for negligent interference with an economic advantage. Negligent misrepresentation in one state is limited to claims against persons in the business of supplying information to others. One state recognizes a cause of action for andquot;strict responsibility misrepresentation.andquot; Another state recognizes claims of andquot;prima facie tortandquot; for wrongs that do not fit into traditional tort categories. And these are only a few examples of the more significant differences. The new 2016 Edition of Business Torts: A Fifty-State Guide helps you quickly assess the merits and pitfalls of litigation in any given jurisdiction allowing you to make the best decisions for your clients.
There is a great wealth of diversity in the business tort laws of all fifty states and the District of Columbia. The new 2020 Edition of Business Torts: A Fifty-State Guide helps you quickly assess the merits and pitfalls of litigation in any given jurisdiction allowing you to make the best decisions for your clients. In addition to the very significant differences in the statutes of limitation, other significant differences include: Some states have not recognized a cause of action for negligent interference with an economic advantage. Negligent misrepresentation in one state is limited to claims against persons in the business of supplying information to others. One state recognizes a cause of action for "strict responsibility misrepresentation." Another state recognizes claims of "prima facie tort" for wrongs that do not fit into traditional tort categories. And these are only a few examples of the more significant differences. Previous Edtion: Business Torts: A Fifty State Guide, 2019 Edition, ISBN 9781454899600