Torts: Miscellaneous Provisions

Restatement of the Law Third, Torts: Miscellaneous Provisions is part of The American Law Institute’s ongoing revision of the Restatement Second of Torts. Portions of the Restatement Second have been superseded by the Restatement Third of Torts: Products Liability, Apportionment of Liability, Liability for Physical and Emotional Harm, and Liability for Economic Harm.

This Restatement addresses topics not covered in another part of the Restatement Third of Torts that either require updating since publication of the Restatement Second or were not previously addressed but should be covered in a modern torts Restatement. These topics will include medical liability, vicarious liability, wrongful death and survival actions, among others.


Nora Freeman Engstrom

Reporter, Torts: Miscellaneous Provisions, R. Ammi Cutter Reporter’s Chair

Nora Freeman Engstrom is a professor at Stanford Law School. She is a nationally recognized expert in both tort law and legal ethics.  Her work explores the day-to-day operation of the tort system and particularly the tort system’s interaction with alternative compensation mechanisms, such as no-fault automobile insurance, the Vaccine Injury Compensation Program, and workers’ compensation.  Professor Engstrom has also written extensively on trial practice, complex litigation (including MDLs), attorney advertising, contingency fees, tort reform, and law firms she calls “settlement mills”—high-volume personal injury law practices that heavily advertise and mass-produce the resolution of claims.

Michael Green

Associate Reporter, Torts: Miscellaneous Provisions

Michael Green is a nationally and internationally recognized torts teacher and scholar. In August 2018, he received the ABA’s Robert B. McKay Award for outstanding contributions to the field of torts. He has also received the William L. Prosser award from the AALS and the John G. Fleming Memorial Prize for Torts Scholarship jointly with Professor William C. Powers, Jr., of the University of Texas. Green served as Co-Reporter for the Restatement (Third) of Torts: Liability for Physical and Emotional Harm and for Apportionment of Liability with Professor Powers. They were jointly named the R. Ammi Cutter Reporters by the ALI from 2011 to 2015.

Mark Hall

Associate Reporter, Torts: Miscellaneous Provisions

Mark Hall is the Fred D. and Elizabeth L. Turnage Professor of law and the Director of Health and Law Policy program at Wake Forest Law. Professor Hall is one of the nation’s leading scholars in the areas of health care law, public policy, and bioethics. The author or editor of twenty books, including Making Medical Spending Decisions (Oxford University Press), and Health Care Law and Ethics (Aspen), he is currently engaged in research in the areas of health care reform, access to care by the uninsured, and insurance regulation. Prof. Hall has published scholarship in the law reviews at Berkeley, Chicago, Duke, Michigan, Pennsylvania, and Stanford, and his articles have been reprinted in a dozen casebooks and anthologies.

Tanya D. Marsh

Associate Reporter, The Restatement of the Law Fourth, Property; Associate Reporter, Torts: Miscellaneous Provisions

Tanya Marsh is a professor at Wake Forest University School of Law. She teaches Property, Real Estate Transactions, a Seminar on Law, Business, and the Economy, Funeral and Cemetery Law, and Professional Development. Her scholarship addresses commercial real estate, the regulation of community banks, and the laws regarding the status, treatment, and disposition of human remains. A graduate of Indiana University and Harvard Law School, before joining the Wake Forest faculty in 2010, Marsh clerked for the Indiana Supreme Court, practiced commercial real estate and corporate law with two large Indianapolis law firms, and spent five years as in-house counsel with a public shopping center REIT. Marsh is involved in the leadership of the American Bar Association’s Real Property Trust & Estate Law Section and is a frequent contributor to that section’s CLE offerings. She also writes for The Huffington Post, PropertyProf Blog (, and The Funeral Law Blog (

Guy Miller Struve

Associate Reporter, Torts: Miscellaneous Provisions

Guy Miller Struve is a retired partner and senior counsel at Davis Polk & Wardwell LLP in New York City, where he represented clients in trials, appeals, and other litigation in a wide range of practice areas.

Wrongs To Us

Below is the abstract for “Wrongs to Us,” available for download on SSRN. A huge number of tort suits in the United States are captioned Plaintiff & Spouse v. Defendant. Why? The answer is at once completely obvious and deeply puzzling. The plaintiff’s spouse is...