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
Search All
States
Status
Post Types
Date
Sanctionable: The unsupported, exaggerated, and suspicious claims plaguing our nation’s courts
There is growing concern that many lawsuits filed in our nation’s courts are unsupported, involve manufactured or exaggerated injuries, or stem from ...
California, Florida, Louisiana, New York, Pennsylvania
Lyon v. Riverside Methodist Hospital et. al.
(OH., filed October 7, 2025): Arguing that the Court should review the lower court’s decision because the Court should comprehensively address the co...
Ohio
  • Case Not Yet Decided iconCase Not Yet Decided
Atlas Turner, Inc. v. Welch
(U.S., filed September 22, 2025): Arguing the Court should review the use of receiverships by the South Carolina asbestos court.  The receivership pr...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Letter to House Judiciary Committee re: Protection of Lawful Commerce in Stone Slab Products Act
This letter was submitted on behalf of the American Tort Reform Association to express our support for H.R. 5437, the “Protection of Lawful Commerce ...
California
Letter to DOJ re: RFI on State Laws Having Significant Adverse Effects on the National Economy or Interstate Commerce
Re: Request for Information on State Laws Having Significant Adverse Effects on the National Economy or Significant Adverse Effects on Interstate Com...
Chevron U.S.A. Inc. v. Plaquemines Parish
(U.S., filed September 12, 2025): Arguing that the Louisiana coastal litigation proves the importance of federal officer removal.  The Government law...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Suncor Energy Inc., et. al. v. County Commissioners of Boulder County, et. al.
(U.S., filed September 12, 2025): Urging the Court to grant the petition for certiari.  Arguing that global climate change is not traditional state t...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Sommerville v. Union Carbide and Covestro LLC
(4th Circ., filed September 9, 2025): Supporting rehearing en banc. Arguing that Article III standing requires an injury that is concrete and particu...
4th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
Ortiz v. Daimler Trucks North America LLC
(CA., filed September 4, 2025): Urging the court to review the lower court’s decision because in combination with the decision in Gilead, it threaten...
California
  • Case Not Yet Decided iconCase Not Yet Decided
CSX Transportation, Inc. v. Carey, II et. al.
(KY., filed August 26, 2025) : Arguing that in a wide range of cases, identification of suspicious claims activity has led to investigations that hav...
Kentucky
  • Case Not Yet Decided iconCase Not Yet Decided



The American Tort Reform Association is the nation’s first organization dedicated exclusively to reforming the civil justice system through education and legislative enactment.

To receive occasional updates from ATRA, enter your email address:
By subscribing, you agree to our Privacy Policy and consent to receive updates.
© 2025 ATRA. All rights reserved.