Andrea Kang Wooster | July 10, 2024 | Torts: Economic Harm
The U.S. Supreme Court cited Restatement of the Law Third, Torts: Liability for Economic Harm §§ 9 and 13, which discuss common-law fraud, in support of its opinion in SEC v. Jarkesy, No. 22-859 (June 27, 2024), concluding that, when the U.S. Securities and Exchange...
Andrea Kang Wooster | December 14, 2023 | Property, Torts: Economic Harm
State courts across the country continue to be guided by the work of The American Law Institute. During the 2022-2023 fiscal year, the highest courts of seven different states—Arizona, Delaware, Idaho, Montana, South Carolina, West Virginia, and Vermont—adopted one or...
Andrea Kang Wooster | June 20, 2023 | Torts: Economic Harm
Recently, in interpreting the False Claims Act’s scienter requirement, the U.S. Supreme Court turned to the traditional, common-law scienter requirements for fraud set forth in the Restatement of the Law Second, Torts, and the Restatement of the Law Third, Torts:...
Andrea Kang Wooster | August 4, 2021 | International Commercial and Investor-State Arbitration
Disputes arising under international commercial contracts that contain arbitration agreements implicate at least three different systems of law, including the law governing the substance of the dispute, the law governing the agreement to arbitrate, and the law...
Andrea Kang Wooster | June 17, 2021 | Torts: Economic Harm
Dissenting Associate Justice Samuel Alito cites the Restatement Third of Torts: Liability for Economic Harm § 28 and Restatement Second of Torts § 876. In Nestle USA, Inc. v. Doe, No. 19-416 (June 17, 2021), six individuals from Mali who were allegedly trafficked as...
