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May 26, 2017

American Law Institute Puts Off Vote on Restatement of Liability Insurance Law

This week, the American Law Institute (ALI) decided to delay a vote on a Restatement of the Law covering liability insurance after facing “withering criticism” for both government officials and the business community, writes Legal Newsline.  

In a letter dated May 19, counsel for several major companies noted they were concerned about the direction of ALI, as the organization appears to be moving away from its core mission of reporting the law as opposed to rewriting it.

“ALI has reached a key decision point between allowing Restatements of Law to reflect a Reporter’s [the individual writing the Restatement] subjective and aspirational views of what a common law rule ‘should be’ versus the ALI’s governing directive of clarifying and simplifying prevailing common law rules,” the letter said. “We respectfully submit that the ALI should pursue the latter approach to preserve the credibility and reliability of its body of work.”

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