Seo Ho Lee | March 25, 2024 | Property
The 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...
Seo Ho Lee | June 28, 2023 | Conflict of Laws
In Yegiazaryan v. Smagin, No. 22–381 (June 22, 2023), the U.S. Supreme Court cited Restatement of the Law, Conflict of Laws § 377 and Restatement of the Law Second, Conflict of Laws § 145 in clarifying that an aggrieved party has alleged a “domestic injury” for...
Seo Ho Lee | June 21, 2023 | American Indian Law
In a dissenting opinion in Haaland v. Brackeen, No. 21–376 (June 15, 2023), Associate Justice Clarence Thomas cited Principles of the Law, Family Dissolution: Analysis and Recommendations § 2.02 in arguing that Congress lacked the authority to enact the Indian Child...
Seo Ho Lee | December 22, 2022 | Children and the Law
In Woodson v. Commonwealth, 871 S.E.2d 653 (Va. Ct. App. 2022), the Court of Appeals of Virginia cited Restatement of the Law, Children and the Law § 3.24 (Tentative Draft No. 1, 2018) in upholding the parental privilege to use reasonable corporal punishment on the...
Seo Ho Lee | December 1, 2022 | Torts: Economic Harm
In Dhital v. Nissan North America, Inc., 2022 WL 14772909 (Cal. Ct. App. Oct. 26, 2022), the California Court of Appeal held that claims for fraudulent inducement were not barred by the economic-loss rule as defined by Restatement of the Law Third, Torts: Liability...
