1. Negligence
a. Generally - click for more -
The elements of negligence are: (1) Duty—a duty to use reasonable care; (2) Breach—a failure to conform to the required standard of care; (3) Causation—a reasonably close causal connection between the conduct and the resulting injury; and (4) Damages—an actual loss or damage resulting to the interests of another.   - Vergara v. Am. Samoa Gov’t, CA No. 86-11, slip op. (Trial Div. Feb. 9, 2012) (order on def.’s mot. to dismiss)

b. Duty
c. Breach
d. Causation
e. Negligence Per Se
f. Res Ipsa Loquitur
2. Intentional Torts
a. General Provisions
b. Defamation
c. Trespass
d. Malicious Prosecution
e. Conversion
f. Intentional Infliction of Emotional Distress
3. Strict Liability
4. Nuisance
5. Attractive Nuisance
6. Liability for Animals
7. Malpractice
a. General Provisions
b. Legal Profession
c. Architects
d. Medical Profession
8. Vicarious Liability
a. Vehicle Owners
b. Family Purpose Doctrine
c. Compulsory Insurance Act
d. Employers
9. Common Carrier Liability
10. Government Tort Liability Act
a. General Provisions
b. Relation to Government Employee Suit
c. Statute of Limitations
d. Administrative Claim Requirement - click for more -
Federal courts have interpreted 28 U.S.C. §§ 2672 and 2675 as not incorporating 28 C.F.R. § 14.4 because of the concern that it could allow the federal agencies to indefinitely forestall valid claims against the Federal Government by requesting additional information from a claimant on grounds that the administrative claim is deficient.   - Soloa v. Am. Samoa Gov’t, CA No. 77-07, slip op. (Trial Div. March 29, 2012) (order denying mot. for reconsideration of order denying mots. for sum. j. and dismissal)

Under the Government Tort Liability Act, the court lacks subject matter jurisdiction to hear a tort claim against the government unless the claimant first exhausts the administrative remedy established under A.S.C.A. § 43.1205(a).   - Soloa v. Am. Samoa Gov’t, CA No. 77-07, slip op. (Trial Div. March 29, 2012) (order denying mot. for reconsideration of order denying mots. for sum. j. and dismissal)

Section 43.1205(b) authorizes the Attorney General to settle administrative claims under the regulations encapsulated in A.S.A.C. §§ 43.0101-43.0108.   - Soloa v. Am. Samoa Gov’t, CA No. 77-07, slip op. (Trial Div. March 29, 2012) (order denying mot. for reconsideration of order denying mots. for sum. j. and dismissal)

28 U.S.C. § 2672, the federal counterpart to A.S.C.A. § 43.1205(b), confers authority upon regulatory agencies to settle administrative claims. It specifically requires the reviewing agency to conduct its review in accordance with regulations prescribed by the Attorney General. 28 C.F.R. § 14.4, the federal counterpart to A.S.A.C. § 43.0105, is the regulation that prescribes what information in addition to the administrative claim that the reviewing agency may require from the claimant in order to conduct its investigation.   - Soloa v. Am. Samoa Gov’t, CA No. 77-07, slip op. (Trial Div. March 29, 2012) (order denying mot. for reconsideration of order denying mots. for sum. j. and dismissal)

The High Court’s jurisdiction is still predicated on the presentment of a claim to the Attorney General. This is clearly stated in A.S.C.A. § 43.1205. Such a claim, however, is deemed presented so long as the administrative claim presented to the Attorney General (1) reasonably notifies the Attorney General of the incident and (2) includes a claim for money damages for a sum certain.   - Soloa v. Am. Samoa Gov’t, CA No. 77-07, slip op. (Trial Div. March 29, 2012) (order denying mot. for reconsideration of order denying mots. for sum. j. and dismissal)

11. Wrongful Death - click for more -
Where an applicant applying for status as a “representative” or “successor in interest” of an adult-decedent’s estate provides nothing indicating the applicant is a legal administrator, executor, or “successor in interest” of the adult-decedent’s estate, the application will be denied.   - The Estate of Rufo Alvear, Jr. v. Am. Samoa Gov’t, CA No. 09-12, slip op. (Trial Div. April 10, 2012) (order denying application)

A “representative” in a survival action (or wrongful death action) is either an executor or an administrator.   - The Estate of Rufo Alvear, Jr. v. Am. Samoa Gov’t, CA No. 09-12, slip op. (Trial Div. April 10, 2012) (order denying application)

A “successor in interest” can be a person who has not been formally appointed as a representative or administrator. The term “successor in interest” encompasses those individuals who have received a portion of the decedent’s estate after the estate has been distributed.   - The Estate of Rufo Alvear, Jr. v. Am. Samoa Gov’t, CA No. 09-12, slip op. (Trial Div. April 10, 2012) (order denying application)

An adult-decedent’s estate must undergo probate before anyone can become a “representative” or a “successor in interest” in a survival action.   - The Estate of Rufo Alvear, Jr. v. Am. Samoa Gov’t, CA No. 09-12, slip op. (Trial Div. April 10, 2012) (order denying application)

The burden is upon an applicant applying for status as a “representative” (administrator/executor) or “successor in interest” of an estate to establish the applicant is an administrator or an executor or a “successor in interest” in a probated adult-decedent’s estate.   - The Estate of Rufo Alvear, Jr. v. Am. Samoa Gov’t, CA No. 09-12, slip op. (Trial Div. April 10, 2012) (order denying application)

In the estate of an adult-decedent, where the action was filed after the adult-decedent’s passing, only an administrator, executor, or a “successor in interest” has the right (locus standi) to bring a survival action on the decedent’s behalf.   - The Estate of Rufo Alvear, Jr. v. Am. Samoa Gov’t, CA No. 09-12, slip op. (Trial Div. April 10, 2012) (order denying application)

12. Loss of Filial Consortium
13. Bailments
a. Rights, Duties & Liabilities Between Bailor and Bailee
b. Rights and Duties Between Bailor or Bailee & Third Person
c. Conversion of Subject Matter
d. General Provisions
14. Joint and Several Liability
a. Effect of Release of One Tortfeasor
b. Determining Liability
c. Compensation by One Defendant
15. Indemnity
16. Damages
a. General Provisions
b. Pain and Suffering
c. Medical Expenses
d. Lost Wages and Profits
e. Damages to Personal Property
f. Mitigation of Damages
g. Punitive, Exemplary, or Special Damages
h. Interest
i. Collateral Source Rule
j. Effect of Preexisting Conditions
k. Compensatory Damages
l. Nominal Damages
m. Restoration Cost Damages
n. Treble Damages
o. Attorney Fees
17. Act of God
18. Comparative & Contributory Negligence
19. Joint and Several Liability
20. Subrogation
21. Statutes of Limitations
a. General Provisions
b. Accrual of Cause of Action
c. Personal Injuries
d. Minors and Insane Persons
22. Burden of Proof