Tag Archives: American Law Institute

ALI Resumes Work on Restatement (Third) of Torts: Economic Torts

During this morning’s special session at the American Law Institute’s Annual Meeting, Director Lance Liebman has announced that work is resuming on the Restatement (Third) of Torts: Economic Torts and Related Wrongs with Reporter Professor Ward Farnsworth.  A few more details about the Institute’s new project on insurance law have also become available.  Principles of … Continue Reading

Former Solicitor General Waxman Endorses Kagan Nomination

Last night, former Solicitor General Seth Waxman addressed the American Law Institute. He strongly endorsed the nomination of current Solicitor General Elena Kagan to the Supreme Court, stating that "It is and should be a foregone conclusion that she will be confirmed." Waxman told the members of having worked with Kagan in the weeks leading up to … Continue Reading

Justice Stephen Breyer Addresses the American Law Institute

Justice Stephen Breyer of the Supreme Court spoke this afternoon before a standing-room-only crowd at the Annual Meeting of the ALI. At Justice Breyer’s suggestion, rather than making an address, he responded to questions from several ALI members. ALI Director Lance Liebman asked how the Court’s role as the final arbiter of so many crucial questions … Continue Reading

Keeping Tort Out of a Business Dispute: The Tenth Circuit and the Economic Loss Rule

In law school, it seemed simple enough: business relationships were generally governed by contract and warranty, and tort was reserved for conduct that hurt people or damaged property. But in practice, the line is constantly shifting: the plaintiffs’ bar – often aided by state legislatures – tries to turn routine business disputes into torts, while the … Continue Reading