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February 21, 2019

Attorney Says ALI Promotional Roadshow is an “Unusual Development”

Kim V. Marrkand, the chair of the Mintz Levin law firm insurance practice, told Legal Newsline in Forbes that the American Law Institute’s (ALI) decision to launch a promotional roadshow for a controversial restatement is a “very unusual development.”

ALI has asked some federal judges around the country to host events on the controversial Restatement of the Law Of Liability Insurance. Marrkand said “was inappropriate for the American Law Institute to put a federal judge in” the position of appearing to endorse the document that some other lawyers have called “litigation fuel.” She said it is likely that some of the judges who are hosting these events “have little idea of the controversy that has surrounded this whole Restatement… and I suspect they don’t realize that this has never been done before.”

Some states have moved to reject the Restatement outright. Ohio, for example, passed a law that says the Restatement “does not constitute the public policy of Ohio.”

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