At its meeting on October 16 and 17, 2025, the ALI Council discussed and approved, in part or in whole, drafts of five projects as listed below.*
Constitutional Torts
The Council approved the following provisions of Council Draft No. 1: §§ 1.01–1.04, containing introductory material to Chapter 1, The Cause of Action; § 1.14, Personal and Official Capacity for Individual Actors; § 1.21, Damages Actions against Federal Officers for Constitutional Violations; § 1.23, Bivens Actions and the Federal Tort Claims Act; § 2.04, Younger Abstention; § 2.05, Pullman Abstention and Certification; § 4.12, Interlocutory Appeal; § 4.13, Limitations and Procedures on Interlocutory Appeal; and § 7.01, Applicable Statute of Limitations. The Reporters will revise § 1.22, Actions against the United States and Federal Agencies for Constitutional Violations, for consideration by the Council at a future meeting.
Corporate Governance
The Council approved Council Draft No. 4, containing four sections from Chapter 1, Definitions, on “disinterested director” (§ 1.15), “waste” (§ 1.44), when waste is permitted (§ x.xx), and “material personal benefit” (§ 1.50); two sections from Chapter 3, Corporate Structure: Functions and Powers of Directors, Officers, and Shareholders, on functions of the board of directors (§ 3.01) and functions and powers of officers (§ 3.02); two sections from Chapter 5, Duty of Loyalty, on actions not in good faith (§ 5.03) and compensation of directors and officers (§ 5.04); and, from Chapter 7, Remedies, an Introductory Note and four sections on direct and derivative claims distinguished
(§ 7.01), authority to commence and maintain a derivative action (§ 7.02), demand (§ 7.03), and dismissal in deference of exclusive board control (§ 7.04).
High-Volume Civil Adjudication
The Council approved Council Draft No. 3—containing Chapter 4, Pleading and Information Exchange; all but one section of Chapter 5, Hearings; and Chapter 7, Entry and Enforcement of Judgments—except for § 4.07, Court Access to Official Data, and § 4.08, Enforcement of Rules Governing Pleading and Information Exchange. The Reporters will revise §§ 4.07 and 4.08 for consideration by the Council at a future meeting.
Property
The Council approved Council Draft No. 12, containing Chapter 3 from Volume 4, Division II on concurrent ownership, and Chapters 1 and 2 from Volume 5, Division V on mortgages.
Torts: Defamation and Privacy
The Council approved Council Draft No. 1, containing the following fourteen sections of Chapter 1, Invasions of Interest in Reputation: § 1, Elements of Defamation; § 2, What Constitutes Publication; § 3, Publication by Failing to Remove Another’s Content from One’s Land or Chattels; § 4, Publication by Distributors; § 5, Single and Multiple Publications; § 6, The Determination of Meaning; § 7, Defamatory Communication; § 8, Materially False Statement of Fact; § 9, Defamation by Implication; § 10, Defamation of a Legal Entity; § 11, Of and Concerning; § 12, Defamation of Deceased Persons; § 13, Defamation Of and Concerning Individual Members of a Group; and § 14, What Constitutes Fault with Respect to the Falsity of a Defamatory Statement.
If you would like more information on any of the drafts or projects, please contact us at communications@ali.org.
* All approvals are subject to the discussion at the meeting and the usual editorial prerogative.