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Zittrain Torts Playlist Spring 2018

Carl Shen, Appellant/Cross-Appellee, v. Leo A. Daly Company, a Nebraska Corporation, Appellee/Cross-Appellant.

"The Confined-to-Taiwan Case"

Should we recognize false imprisonment in situations where the boundaries of plaintiff’s ‘confinement’ extend far beyond a single room (for example, if they extend to the boundaries of an entire country)?

Defendant refused to pay taxes assessed by the Taiwanese government. As the designated "responsible person" for the defendant's Taiwanese business, plaintiff was directly liable for the taxes. Plaintiff asked the defendant to pay the taxes owed; defendant refused. The country of Taiwan forbade the plaintiff from leaving the country until the tax controversy was resolved. The plaintiff sued the defendant for false imprisonment, among other theories of liability.