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August 2, 2017

ALI’s Recent Restatement is “Wacko” Says Legal Professionals

The American Law Institute (ALI), a society with a membership of 3,000 of the nation’s leading lawyers, may be facing change due to “an internal fight over the direction of its Restatements,” writes Forbes/Legal Newsline.

Historically, ALI has written Restatements, which judges use as guidance in presiding over future cases.  According to business and insurance lawyers, ALI has abandoned its reliance on common law in some instances to a point where a series of proposed Restatements now read more like “Principles Projects” – separate documents published by ALI that reflect an aspirational view of the law as opposed to an accurate restatement of the law.

Kim Marrkand of lawfirm Mintz Levin points to a proposed Restatement of the Law covering liability insurance stating that the project is “wacko.” “It’s still a Principles Project. It’s just masquerading as a Restatement,” Marrkand concludes.

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