Wednesday, May 24, 2017
In the past week, I have had posts about the ALI's votes on two Restatement projects. On Monday, the membership reviewed the Restatement of the Law Third, Torts: Intentional Torts to Persons (Reporters Ken Simons and Jonathan Cardi). The entire discussion consisted of motions on section 3(b), which provides liability for offensive battery for unusually sensitive plaintiffs. Guy Struve filed two motions to eliminate liability. The membership split on the motions, eliminating liability for cases of substantial certainty but retaining it in cases where the defendant had purpose to offend the plaintiff. The Reporters accepted Richard Wright's motion to amend requiring it be the defendant's principal purpose. Due to a lack of time, Wright's other motions were not debated.
Yesterday the membership reviewed the Restatement of the Law, Liability Insurance (Reporters Tom Baker and Kyle Logue). A number of motions to alter the draft were defeated, but a final draft was not approved as scheduled. The Reporters agreed that another year of work on the project would be beneficial.