In a recent decision by the High Court of Australia, the Court discussed the applicability of Restatement of the Law Third, Restitution and Unjust Enrichment to Australian common law in the context of defenses against claims for restitution arising from payments made under a mistake of law.
Seo Ho Lee Posts
Idaho Supreme Court Adopts Property 3d Provision
by Seo Ho Lee | Mar 25, 2024 | Property
The Idaho Supreme Court recently adopted Restatement of the Law Third, Property (Wills and Other Donative Transfers) § 8.3, Comment f.
U.S. Supreme Court Cites Conflict of Laws 1st and 2d
by Seo Ho Lee | Jun 28, 2023 | Conflict of Laws
In Yegiazaryan v. Smagin, the U.S. Supreme Court cited Restatement of the Law, Conflict of Laws and Restatement of the Law Second, Conflict of Laws in clarifying that an aggrieved party has alleged a “domestic injury” for purposes of the Racketeer Influenced and Corrupt Organizations Act “when the circumstances surrounding the injury indicate it arose in the Untied States.”
U.S. Supreme Court Cites Principles of Family Dissolution
by Seo Ho Lee | Jun 21, 2023 | American Indian Law
In a dissenting opinion in Haaland v. Brackeen, Associate Justice Clarence Thomas cited Principles of the Law, Family Dissolution: Analysis and Recommendations § 2.02 in arguing that Congress lacked the authority to enact the Indian Child Welfare Act.
Court of Appeals of Virginia Cites Restatement of the Law, Children and the Law
by Seo Ho Lee | Dec 22, 2022 | Children and the Law
In Woodson v. Commonwealth, 871 S.E.2d 653 (Va. Ct. App. 2022), the Court of Appeals of Virginia cited Restatement of the Law, Children and the Law § 3.24 (Tentative Draft No. 1, 2018).
California Court Looks to Restatement of the Law Third, Torts: Liability for Economic Harm
by Seo Ho Lee | Dec 1, 2022 | Torts: Economic Harm
The California Court of Appeal held that claims for fraudulent inducement were not barred by the economic-loss rule as defined by Restatement of the Law Third, Torts: Liability for Economic Harm § 3
Foreign Relations 4th Cited by D.C. Circuit Court of Appeals
by Seo Ho Lee | Feb 24, 2020 | U.S. Foreign Relations Law
In a recent case, the U.S. Court of Appeals for the District of Columbia cited the Restatement of the Law Fourth, The Foreign Relations Law of the United States, in holding that the U.S. District Court for the District of Columbia did not err in exercising extraterritorial jurisdiction over crimes committed by foreign nationals against U.S. law-enforcement officers on foreign soil.