In Fischer v. United States, No. 23-5572 (June 28, 2024), the U.S. Supreme Court, in a concurring opinion, cited Model Penal Code § 242.1, which proposes a sweeping, all-purpose obstruction statute, in noting that Congress had never passed a similarly broad obstruction law and that there was ...
Continue ReadingRecently, 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 Commission ...
Continue ReadingIn Diaz v. United States, No. 23–14 (June 20, 2024), the U.S. Supreme Court, in a dissenting opinion, cited Model Penal Code § 2.02 in arguing that Federal Rule of Evidence 704(b), which prohibited an expert witness from stating an opinion about whether a defendant ...
Continue ReadingThe Idaho Supreme Court recently adopted Restatement of the Law Third, Property (Wills and Other Donative Transfers) § 8.3, Comment f. The following is a summary of that case.
In Gestner v. Divine, 519 P.3d 439 (Idaho 2022), the Idaho Supreme Court adopted Restatement of the Law ...
Continue ReadingIn Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC, No. 22–500 (Feb. 21, 2024), the U.S. Supreme Court declined to apply the rule set forth in the Restatement of the Law Second, Conflict of Laws § 187(2)(b) to choice-of-law disputes arising from federal ...
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