95th Annual Meeting
Monday, May 21

Daily Update - Monday, May 21

What Happened Today at the Annual Meeting – Monday Edition

The Annual Meeting opened with the call to order by President David F. Levi. During this time, a trailer of the forthcoming Visionaries documentary featuring the work of ALI was shown to membership; the full feature will appear on PBS stations as part of the fall 2018 season. It continued with the presentation of reports and business, and included the nomination of new Council members, each approved by the membership.

The first project session on the agenda was Economic Harm Torts. Council member Paul L. Friedman joined Reporter Ward Farnsworth on the dais. Presented during this session was Tentative Draft No. 3, which contains three Chapters addressing interference with economic interests, misuse of judicial process, and secondary liability.

Actions Taken*

Membership voted to approve Tentative Draft No. 3. This membership approval marks the completion of Restatement of the Law Third, Torts: Liability for Economic Harm.

Prior to the lunch break, ABA President Hilarie Bass spoke to membership about the future of legal education, diversity in the profession, availability of legal services for all, and public confidence in the justice system.

The afternoon continued with Intentional Torts to Persons, where Reporter Kenneth W. Simons and Associate Reporter W. Jonathan Cardi were joined on the dais by Council member Scott Bales to present Tentative Draft No. 3.  

Actions Taken*

Members voted to approve §§ 7, 8, 9, and 10 of Chapter 1, which includes materials on false imprisonment as well as materials on participation in an intentional tort. Approval was not sought on the black letter of § 7(d) and Comment k.

During an intermission of the Intentional Torts session, John G. Roberts, Jr., Chief Justice of the United States presented the Henry J. Friendly Medal to Ruth Bader Ginsburg, Associate Justice of the U.S. Supreme Court.

The third and final project on Monday’s agenda was International Commercial and Investment Arbitration. Reporter George A. Bermann, and Associate Reporters Jack J. Coe Jr., Christopher R. Drahozal and Catherine A. Rogers were joined on the dais by Council member Judith A. Miller. Membership was presented with Tentative Draft No. 6, containing material on portions of Chapter 1, on federal preemption of state law on international commercial and investment arbitration, and Chapter 3 on the judicial role in connection with international commercial and investment arbitral proceedings.

Actions Taken*

Membership voted to approve Tentative Draft No. 6. This marks the approval of all of the individual Sections of the project. The Reporters plan to use the next year to update a few of the Sections and will then present the full project for final approval by the membership at the Annual Meeting in 2019.

*All approvals by membership at the Annual Meeting are subject to the discussion at the Meeting and usual editorial prerogative.