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Project Spotlight: Restatement of the Law Third, Torts: Remedies

Richard L. Hasen, Douglas Laycock and Jennifer Morinigo | January 7, 2021 | Restatement of the Law Third, Torts: Remedies

In the fall of 2020, the first draft of Restatement of the Law Third, Torts: Remedies was produced and the first project meeting was held. This project was launched along with two other Torts projects, Defamation and Privacy and Concluding Provisions, which once...

Disgorgement or Accounting for Profits? An Analysis of Liu v. SEC

Andrew Kull, Douglas Laycock, Caprice L. Roberts and Jennifer Morinigo | January 4, 2021 | Restatement of the Law Third, Torts: Remedies

In Liu v. SEC (June 22, 2020), the Supreme Court of the United States held, in an enforcement action by the Securities and Exchange Commission, that a disgorgement order that did not exceed a wrongdoer’s net profits and was awarded for victims constituted “equitable...

Maryland Court of Appeals Adopts Section of Torts 3d: Liability for Economic Harm

The American Law Institute | October 22, 2020 | Torts: Economic Harm

In Barclay v. Castruccio, 230 A.3d 80 (Md. 2020), the Court of Appeals of Maryland decided to recognize the tort of intentional interference with a prospective inheritance or gift, and to adopt the standards for that tort as set forth in Restatement of the Law Third,...

Do Black Injuries Matter?: Implicit Bias and Jury Decision Making in Tort Cases

Jonathan Cardi, Valerie P. Hans and Gregory Parks | September 1, 2020 | Torts: Intentional Torts to Persons

This article was originally published in Southern California Law Review. The following is the introduction. They say that black lives matter, but how much relative to white lives? Political activists and legal theorists have debated whether the injuries suffered by...

Is Tort Law Hopelessly Fragmented?

Kenneth W. Simons | August 4, 2020 | Torts: Intentional Torts to Persons

This article was published by JOTWELL in the Torts section on July 27, 2020. View the original post here. Kenneth S. Abraham & G. Edward White, Conceptualizing Tort Law: The Continuous (and Continuing) Struggle __ Maryland L. Rev. __ (forthcoming 2020), available...
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