News

U.S. Supreme Court Cites Torts 2d and Torts 3d: Intentional Torts to Persons

Recently, in Twitter, Inc. v. Taamneh (May 18, 2023), the U.S. Supreme Court cited Restatement of the Law Second, Torts, and Restatement of the Law Third, Torts: Intentional Torts to Persons, in holding that the victims of a terrorist attack failed to state a claim under § 2333 ...

U.S. Supreme Court Cites Contracts 2d

Recently, in New York v. New Jersey, No. 156, Orig. (Apr. 18, 2023), the U.S. Supreme Court cited the Restatement of the Law Second, Contracts, in holding that New Jersey could unilaterally withdraw from the Waterfront Commission Compact it had entered into with New York, notwithstanding New ...

The Institute in the Courts: South Carolina Adopts Section of Property 3d

Recently, in Clarke v. Fine Housing, Inc., 2023 WL 29046 (S.C. Jan. 4, 2023), the Supreme Court of South Carolina adopted the approach set forth in Restatement of the Law Third, Property (Servitudes) § 3.4 in determining whether a right of first refusal was an unreasonable restraint ...

U.S. Supreme Court Cites Agency 3d and Suretyship and Guaranty 3d

In Bartenwerfer v. Buckley, No. 21–908 (Feb. 22, 2023), the U.S. Supreme Court cited Restatement of the Law Third, Agency § 7.07 and Restatement of the Law Third, Suretyship and Guaranty § 12 in observing that, while 11 U.S.C. § 523(a)(2)(A) precluded a ...

The Institute in the Courts: State Courts Look to Recent ALI Work

Courts continue to be guided by the work, new and old, of The American Law Institute. Some examples of citations to recent publications follow:

In Dhital v. Nissan North America, Inc., 2022 WL 14772909 (Cal. Ct. App. Oct. 26, 2022), the California Court of Appeal held that claims ...