American Law Institute

The American Law Institute (ALI) was traditionally an independent, scholarly institution but now participates more in advocacy, proposing novel liability expansion.

The Problem

The American Law Institute (ALI) was traditionally an independent, scholarly institution but now participates more in advocacy, proposing novel liability expansion.

The ALI has proposed numerous restatements in recent years that go beyond simply restating an established area of common law but instead proposing rules to advance particular policy agendas.

Recent problematic proposed restatements include:
– Restatement of the Law, Consumer Contracts
– Restatement of Torts, Third: Concluding Provisions

ATRA’s Position

ALI’s mission appears to have shifted over the past decade from that of a scholarly institution that was safely above the fray in broader policy disputes, to that of an advocacy group proposing novel expansions in liability law.

Search Through ATRA Reforms

Search through all of ATRA's reforms around American Law Institute
Secondary Sources / American Law Institute – S.B. 775
Provides that a secondary source (such as ALI Restatements) including a legal treatise, scholarly publication, textbook, or other explanatory text, do...
Missouri


American Law Institute News and Press

Explore ATRA's most recent press releases and blogs around American Law Institute

Trial Lawyers Just Rewrote Centuries-old Contract Law

This op-ed was originally published by the Washington Examiner....

Controversial Restatement Adopted by American Law Institute

Today, during its annual meeting, the American Law Institute (ALI) voted t...

ALI Oversteps With Expansive Restatement Of Contract Law

This op-ed was originally published by Law360.Once considered...

Search Resources

Search through all of ATRA's Amicus Briefs, Reports, and Other Resources around American Law Institute
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States
Status
Post Types
Date
Drake v. Bayer
(9th Circ., filed May 26, 2026): Arguing that rehearing should be granted to clarify the standards applicable to establishing class-wide injury.  The...
9th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
In Re FirstEnergy Corp. Securities Litigation
(6th Circ., filed May 21, 2026): Arguing that Comcast’s limits on class certification provide essential protections for American businesses and inves...
6th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County, et. al.
(U.S., filed May 18, 2026): Arguing the state law does not provide a mechanism to recover damages for costs attributed to global climate change. Clim...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Veto Request, House Bill 26-1236, “Arbitration Reform”
...
Colorado
Second Letter Urging Veto of HB 449 / SB 229 Following Rejection of Amendments
...
Virginia
Comment by Leading Defense Bar and Business Groups Opposing Nonlawyer Ownership and Fee-Sharing
Tennessee Supreme Court comment by leading business and defense bar groups opposing nonlawyer law firm ownership – 4.30.2026Download ...
Tennessee
Blade v. Sig Saurer
(E.D. Pa., filed April 6, 2026): Arguing that the court should grant Sig Saurer’s motion for reconsideration because Mallory upends the jurisdictiona...
Eastern District of Pennsylvania
  • Case Not Yet Decided iconCase Not Yet Decided
Suquilanda v. Skyway Roofing, Inc.
(Ma., filed March 18, 2026): Urging the court to decline to recognize a new cause of action permitting employees of a subcontractor to sue a contract...
Massachusetts
  • Case Not Yet Decided iconCase Not Yet Decided
Letter Urging Veto or Amendments to House Bill 449 / Senate Bill 229 in Virginia
...
Virginia
Corporate Flight from Delaware: The Impact of Escalating Shareholder Litigation and Legal Uncertainty
Unpredictable court rulings and a wave of lawyer-driven, profit-seeking litigation are destabilizing Delaware’s historic dominance for corporat...
Delaware



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