News

The Institute in the Courts: South Carolina Adopts Section of Property 3d

Recently, in Clarke v. Fine Housing, Inc., 2023 WL 29046 (S.C. Jan. 4, 2023), the Supreme Court of South Carolina adopted the approach set forth in Restatement of the Law Third, Property (Servitudes) § 3.4 in determining whether a right of first refusal was an unreasonable restraint ...

U.S. Supreme Court Cites Agency 3d and Suretyship and Guaranty 3d

In Bartenwerfer v. Buckley, No. 21–908 (Feb. 22, 2023), the U.S. Supreme Court cited Restatement of the Law Third, Agency § 7.07 and Restatement of the Law Third, Suretyship and Guaranty § 12 in observing that, while 11 U.S.C. § 523(a)(2)(A) precluded a ...

The Institute in the Courts: State Courts Look to Recent ALI Work

Courts continue to be guided by the work, new and old, of The American Law Institute. Some examples of citations to recent publications follow:

In Dhital v. Nissan North America, Inc., 2022 WL 14772909 (Cal. Ct. App. Oct. 26, 2022), the California Court of Appeal held that claims ...

The Institute in the Courts: Supreme Court of Delaware Adopts Sections of Contracts 2d

In Geronta Funding v. Brighthouse Life Insurance Company, 2022 WL 3654872 (Del. Aug. 25, 2022), the Supreme Court of Delaware adopted the “fault-based analysis” framed by Restatement of the Law Second, Contracts §§ 197 to 199 for considering “questions specific to insurance policies declared void ab initio as against ...

The Institute in the Courts: Supreme Court of Nevada Adopts Sections of Restatement of the Law Third, Property (Servitudes)

Recently, in Moretto Trustee of the Jerome F. Moretto 2006 Trust v. ELK Point Country Club Homeowners Ass’n, Inc., 507 P.3d 199 (Nev. 2022), the Supreme Court of Nevada adopted Restatement of the Law Third, Property (Servitudes) §§ 6.7 and 6.9 “to govern issues concerning ...