Texas Lawmakers Move Against American Law Institute's Controversial Restatement

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March 19, 2019

Texas lawmakers have filed legislation to discourage the state’s judges from using the American Law Institute’s Restatement of the Law of Liability Insurance, the Pennsylvania Record reports.

Three separate bills include language that says the Restatement is “not worthy of recognition by the courts as an authoritative reference” or “shall not be considered in any action governed by the laws of this state.” A third bill would amend the state’s civil rules to deem Restatements “not controlling.”

State action to nullify the Insurance Restatement, which some attorneys have called “litigation fuel,” has become increasingly common. Ohio, Kentucky, and Tennessee have taken legislative action to reject the Restatement. Courts in Delaware and Kansas have also rejected the Restatement.

03/19/2019