In Diaz v. United States, No. 23–14 (June 20, 2024), the U.S. Supreme Court, in a dissenting opinion, cited Model Penal Code § 2.02 in arguing that Federal Rule of Evidence 704(b), which prohibited an expert witness from stating an opinion about whether a defendant ...
Continue ReadingThe Idaho Supreme Court recently adopted Restatement of the Law Third, Property (Wills and Other Donative Transfers) § 8.3, Comment f. The following is a summary of that case.
In Gestner v. Divine, 519 P.3d 439 (Idaho 2022), the Idaho Supreme Court adopted Restatement of the Law ...
Continue ReadingIn Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC, No. 22–500 (Feb. 21, 2024), the U.S. Supreme Court declined to apply the rule set forth in the Restatement of the Law Second, Conflict of Laws § 187(2)(b) to choice-of-law disputes arising from federal ...
Continue ReadingState courts across the country continue to be guided by the work of The American Law Institute. During the 2022-2023 fiscal year, the highest courts of seven different states—Arizona, Delaware, Idaho, Montana, South Carolina, West Virginia, and Vermont—adopted one or more Sections of the Restatements of ...
Continue ReadingThis year, several state supreme courts have adopted ALI work, including some of the Institute’s more recent Restatements. Some examples follow:
In Cornell v. Desert Financial Credit Union, 524 P.3d 1133 (Ariz. 2023), the Arizona Supreme Court adopted Restatement of the Law, Consumer Contracts § 3 (Tentative ...
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