Torts: Remedies Posts
Restatement of the Law Third, Torts: Remedies Is Approved
At its 2026 Annual Meeting, members of The American Law Institute approved Restatement of the Law Third, Torts: Remedies, marking the completion of the drafting phase of a major component of the Institute’s decades-long effort to reflect the development of tort law across American courts.
Projects Announced for 2025 Annual Meeting
Seven project drafts will be presented at this year’s Annual Meeting, May 18-20 in Washington, D.C.
January 2026 Council Meeting Update
At its meeting on January 22 and 23, 2026, the Council discussed drafts of six projects; it approved, in part or in whole, five of those drafts.
Supreme Court of Hawai’i Adopts Draft § 39 of Restatement 3d Torts: Remedies
In Guieb v. Guieb, 571 P.3d 382 (Haw. 2025), the Supreme Court of Hawai’i adopted a new standard for recovering punitive damages based on draft § 39 of the Restatement of the Law Third, Torts: Remedies (Tentative Draft No. 3, 2024), as well as the definitions of “intent” and “recklessness” from Restatement of the Law Third, Torts: Liability for Physical and Emotional Harm §§ 1 and 2.
January 2025 Council Meeting Updates
At its meeting on January 23 and 24, 2025, the Council discussed and approved, in part or in whole, drafts of six projects.
State Courts Look to Restatement Drafts
State courts continue to look not only to the Institute’s established work, but also to drafts of its ongoing projects.
Remedies in Tort Law
This video explains how the role of remedies has developed over time within the Torts Restatements and the impact remedies have on a case.
Project Spotlight: Torts – Remedies
In this video, Reporters for the Restatement of the Law Third, Torts: Remedies examine how states may vary when awarding damages.
Making Whole, Making Better, and Accommodating Resilience
This article undermines the conventional story that compensatory damages aim to make plaintiffs whole, but not better off. This make-whole ideal implies that courts should subtract material gains from compensatory awards because otherwise plaintiffs would be unjustly enriched.
January 2024 Council Meeting Updates
At its meeting on January 18 and 19, 2024, the ALI Council reviewed and discussed Council Drafts of the following projects and approved drafts and portions of drafts as listed.