Restatement of the Law Third, Torts: Remedies
This project is part of ALI’s ongoing revision of the Restatement Second of Torts. The Restatement Second recognized compensatory damages, injunctions, and other remedies as appropriate in particular cases. The Restatement Third reorganizes, consolidates, and expands the Restatement Second’s discussion of remedies. Portions of the Restatement Second have been superseded by the Restatement Third of Torts: Products Liability, Apportionment of Liability, Liability for Physical and Emotional Harm, and Liability for Economic Harm.
This Restatement addresses tort damages and other remedies. It will include issues related to identifying the types of recoverable damages, such as past and future lost wages, medical expenses, disfigurement, and pain and suffering, as well as measuring damages, including discounting future earnings to present value, and the effect of taxes.
Reporters
Richard L. Hasen
Reporter, Torts: Remedies
Richard L. Hasen is the Gary T. Schwartz Endowed Chair in Law, Professor of Political Science (by courtesy), and Director of the Safeguarding Democracy Project at UCLA School of Law. He is an internationally recognized expert in election law, writing as well in the areas of legislation and statutory interpretation, remedies, and torts. He is co-author of leading casebooks in election law and remedies. Hasen serves in 2024 as an NBC News/MSNBC Election Law Analyst.
Douglas Laycock
Reporter, Torts: Remedies
Douglas Laycock is perhaps the nation’s leading authority on the law of religious liberty and also on the law of remedies. He has taught and written about these topics for four decades. He is currently the Robert E. Scott Distinguished Professor of Law and Professor of Religious Studies at the University of Virginia School of Law, and the Alice McKean Young Regents Chair in Law Emeritus at the University of Texas School of Law.
Douglas Laycock, Richard L. Hasen and Pauline Toboulidis | May 10, 2022 | Torts: Remedies
Tentative Draft No. 1 (TD No. 1) of Restatement of the Law Third, Torts: Remedies will be presented to the ALI membership at the 2022 Annual Meeting. In the video below, Douglas Laycock of UVA School of Law and Richard L. Hasen of UC Irvine School of Law provide an...
Pauline Toboulidis | October 27, 2021 | Children and the Law, Conflict of Laws, Inside The ALI, Property, Student Sexual Misconduct, Torts: Miscellaneous Provisions, Torts: Remedies
At its meeting on October 21 and 22, 2021, the Council reviewed and discussed Council Drafts and approved drafts and portions of drafts as listed below.* Children and the LawThe Council approved Council Draft No. 7, which included §1.20 from Chapter 1, Parental...
Edward K. Cheng, Ehud Guttel and Yuval Procaccia | August 13, 2021 | Torts: Remedies
Below is the abstract for “Sequencing in Damages,” available for download on SSRN. Tort law consists of multiple doctrines governing the assignment of liability and the calculation of damages. But in what sequence should courts apply these doctrines? Does it matter,...
Pauline Toboulidis | April 13, 2021 | Torts: Remedies
On Feb. 19, The Law & Economics Center at Antonin Scalia Law School held the “Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions.” The event brought together a diverse group of scholars and experts in four...
Pauline Toboulidis | March 30, 2021 | Torts: Remedies
On Feb. 19, The Law & Economics Center at Antonin Scalia Law School held the “Symposium on the Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions.” The event brought together a diverse group of scholars and experts in four...
Douglas Laycock | March 22, 2021 | Torts: Remedies
The Supreme Court’s minimum requirements for standing are that a plaintiff show an injury, traceable to defendant, that the court can redress. If at any point in a litigation, these three requirements are no longer satisfied, the case becomes moot. The Court recently...