In Hencely v. Fluor Corp., Justice Alito wrote a dissent citing Restatement of the Law Second, Conflict of Laws § 145, which discusses choice of law in torts.
Andrea Kang Wooster Posts
Supreme Court of Hawai’i Adopts Draft § 39 of Restatement 3d Torts: Remedies
by Andrea Kang Wooster | Oct 5, 2025 | 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.
State Courts Look to Restatement Drafts
by Andrea Kang Wooster | Nov 10, 2024 | Children and the Law, Torts: Remedies
State courts continue to look not only to the Institute’s established work, but also to drafts of its ongoing projects.
U.S. Supreme Court Cites Torts 3d: Economic Harm
by Andrea Kang Wooster | Jul 10, 2024 | Torts: Economic Harm
The U.S. Supreme Court cited Restatement of the Law Third, Torts: Liability for Economic Harm on the topic of common law fraud, in support of its opinion in SEC v. Jarkesy.
The Institute in the Courts: The American Law Institute and State Courts
by Andrea Kang Wooster | Dec 14, 2023 | Property, Torts: Economic Harm
State courts across the country continue to be guided by the work of The American Law Institute. During the 2022-2023 fiscal year, courts in 49 states and the District of Columbia cited the Restatements of the Law and Principles of the Law over 1000 times.
U.S. Supreme Court Cites Torts 2d and Torts 3d: Economic Harm
by Andrea Kang Wooster | Jun 20, 2023 | Torts: Economic Harm
Recently, in interpreting the False Claims Act’s scienter requirement, the U.S. Supreme Court turned to the traditional, common-law scienter requirements for fraud set forth in the Restatement of the Law Second, Torts, and the Restatement of the Law Third, Torts: Liability for Economic Harm.
The Institute in the Courts: U.K. Supreme Court Cites Restatement of the U.S. Law of International Commercial and Investor–State Arbitration
by Andrea Kang Wooster | Aug 4, 2021 | International Commercial and Investor-State Arbitration
Disputes arising under international commercial contracts that contain arbitration agreements implicate different systems of law, including the law governing the substance of the dispute, the law governing the agreement to arbitrate, and the law governing the arbitration process, or the “curial law.” In Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb the Supreme Court of the United Kingdom addressed an issue that “has long divided courts and commentators,” both in the United Kingdom and internationally.
U.S. Supreme Court Dissent Cites Restatements Third and Second of Torts
by Andrea Kang Wooster | Jun 17, 2021 | Torts: Economic Harm
Dissenting Associate Justice Samuel Alito cites the Restatement Third of Torts: Liability for Economic Harm § 28 and Restatement Second of Torts § 876.
U.S. Supreme Court Cites Model Penal Code
by Andrea Kang Wooster | Jun 11, 2021 | Inside The ALI
In Borden v. United States, No. 19-5410 (June 10, 2021), the U.S. Supreme Court held that a criminal offense that requires only a mens rea of recklessness does not constitute a “violent felony” for purposes of an enhanced sentence under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e).
Foreign Relations Fourth Cited by U.S. Supreme Court
by Andrea Kang Wooster | Jun 18, 2019 | U.S. Foreign Relations Law
The U.S. Supreme Court recently cited Restatement of the Law Fourth, The Foreign Relations Law of the United States § 481 and Restatement of the Law Second, Conflict of Laws § 98.