Concluding the Restatement (Third) of Torts
The Southwestern Law Review and Southwestern’s Panish Civil Justice Program invite you to a symposium on Concluding the Restatement (Third) of Torts, co-sponsored by The American Law Institute.
Friday, March 24, 2023
8:45 a.m. - 6:30 p.m.
In-person at Southwestern Law School
6 MCLE Credits offered
Register here
Since the early 1990s, the American Law Institute has been drafting the Restatement (Third) of Torts. That effort, down to a handful of projects, is within several years of completion. Leading scholars, judges, and practitioners, many of them Reporters or Advisers for the final portions of the Restatement, will gather at Southwestern Law School to discuss significant remaining issues. Occurring during the drafting process, the symposium is designed to affect positively the Restatement, and thus the law.
Sponsored by the Southwestern Law Review, Southwestern’s Panish Civil Justice Program, and the American Law Institute, the symposium will commence with a welcome by Justice Goodwin Liu of the California Supreme Court and the Council of the American Law Institute and will also include a luncheon keynote address by Brian Panish ’84, one of the nation’s leading trial lawyers.
The first panel will focus on the appropriate role of theory in the Restatement process. The second panel will address issues of medical malpractice, including the proper standard of liability and California’s MICRA cap on damages, recently raised for the first time since its enactment in 1975. The third panel will consider the controversial question of whether and how to recognize claims for medical monitoring in the context of the affirmative stance taken in the current draft of the Restatement. Panel four will discuss issues in damages; many of the most heated disputes in tort law concern the proper amount of compensation to be paid for tortious injuries. The symposium will conclude with a Reporters’ Roundtable, in which three sitting Restatement Reporters provide their analyses of key points from the day.
Panel Topics
- The American Law Institute and the Restatement (Third) of Torts
Speakers:
- Justice Goodwin Liu, Associate Justice of the California Supreme Court and Member of the Council of the American Law Institute
- Nora Freeman Engstrom, Ernest W. McFarland Professor of Law and Co-Director of the Deborah Rhode Center on the Legal Profession at Stanford Law School, Reporter for the Restatement (Third) of Torts: Miscellaneous Provisions and the Restatement (Third) of Torts: Medical Malpractice, and Adviser for the Restatement (Third) of Torts: Remedies
- Michael Green, Mel and Pam Visiting Professor of Law at Washington University in St. Louis School of Law, Reporter for the Restatement (Third) of Torts: Miscellaneous Provisions and the Restatement (Third) of Torts: Medical Malpractice, and Adviser for the Restatement (Third) of Torts: Intentional Torts to Persons
- Panel One: Tort Theory and the Restatements
Moderator:
- Christopher Robinette, Professor of Law at Southwestern Law School and Adviser for the Restatement (Third) of Torts: Miscellaneous Provisions
Speakers:
- Keith Hylton, William Fairfield Warren Distinguished Professor of Law at Boston University School of Law
- Gregory Keating, William Dalessi Professor of Law and Philosophy, University of Southern California Gould School of Law
- Catherine Sharkey, Segal Family Professor of Law and Policy at New York University School of Law and Adviser for the Restatement (Third) of Torts: Remedies
- Kenneth Simons, Chancellor’s Professor of Law at University of California, Irvine School of Law and Reporter for the Restatement (Third) of Torts: Intentional Torts to Persons
- Panel Two: Medical Malpractice and MICRA
Moderator:
- Richard Jolly, Associate Professor of Law, Southwestern Law School
Speakers:
- Mark Hall, Fred and Elizabeth Turnage Professor of Law and Director of the Health Law and Policy Program at Wake Forest University School of Law, Reporter for the Restatement (Third) of Torts: Medical Malpractice, and Adviser to Restatement (Third) of Torts: Miscellaneous Provisions
- Nina Kohn, Faculty Director of Online Education and David Levy ’48 Professor of Law at Syracuse University College of Law and Adviser for the Restatement (Third) of Torts: Miscellaneous Provisions
- Philip Peters, Ruth Huston Professor Emeritus of Law at University of Missouri School of Law and Adviser for the Restatement (Third) of Torts: Miscellaneous Provisions
- David Studdert, Senior Associate Vice Provost for Research, Professor of Health Policy, and Professor of Law at Stanford Law School, and Adviser for the Restatement (Third) of Torts: Miscellaneous Provisions
- Keynote Luncheon Presentation
Introduction:
- Darby Dickerson, President, Dean, and Professor of Law, Southwestern Law School
Presenter:
- Brian Panish '84, Founding Partner of Panish Shea Boyle Ravipudi LLP
- Panel Three: Medical Monitoring and Mass Torts
Moderator:
- Byron Stier, Associate Dean for Strategic Initiatives, Director of Civil Litigation and Advocacy Concentration, and Professor of Law, Southwestern Law School
Speakers:
- Mark Geistfeld, Sheila Birnbaum Professor of Civil Litigation at New York University School of Law and Adviser for the Restatement (Third) of Torts: Miscellaneous Provisions
- Deborah Hensler, Judge John Ford Professor of Dispute Resolution at Stanford Law School
- Victor Schwartz, Co-Chair of the Public Policy Group and Partner at Shook, Hardy & Bacon L.L.P., Adviser for the Restatement (Third) of Torts: Miscellaneous Provisions, and Adviser for the Restatement (Third) of Torts: Remedies
- Adam Zimmerman, Professor of Law and Gerald Rosen Fellow, Loyola Los Angeles Law School
- Panel Four: Damages
Moderator:
- James Fischer, Professor of Law at Southwestern Law School and Adviser for the Restatement (Third) of Torts: Remedies
Speakers:
- Mark Behrens, Co-Chair of the Public Policy Practice Group and Partner at Shook, Hardy & Bacon L.L.P. and Adviser for the Restatement (Third) of Torts: Intentional Torts to Persons
- Judge Kevin Brazile, Judge of the Superior Court of Los Angeles County, Member of the Judicial Council of California, and former Presiding Judge of the Superior Court of Los Angeles County
- Martha Chamallas, Distinguished University Professor and Robert J. Lynn Chair in Law Emerita, Ohio State University Moritz College of Law and Adviser for the Restatement (Third) of Torts: Intentional Torts to Persons
- Anthony Sebok, Professor of Law at Yeshiva University Cardozo School of Law, Adviser for the Restatement (Third) of Torts: Intentional Torts to Persons, and Adviser for the Restatement (Third) of Torts: Remedies
- Ibiere Seck, Founder and Principal Trial Attorney, Seck Law P.C.
- Reporters’ Roundtable and Concluding Thoughts from Advisers and Participants
Speakers:
- Nora Freeman Engstrom, Ernest W. McFarland Professor of Law and Co-Director of the Deborah Rhode Center on the Legal Profession at Stanford Law School, Reporter for the Restatement (Third) of Torts: Miscellaneous Provisions and the Restatement (Third) of Torts: Medical Malpractice, and Adviser for the Restatement (Third) of Torts: Remedies
- Michael Green, Mel and Pam Visiting Professor of Law at Washington University in St. Louis School of Law, Reporter for the Restatement (Third) of Torts: Miscellaneous Provisions and the Restatement (Third) of Torts: Medical Malpractice, and Adviser for the Restatement (Third) of Torts: Intentional Torts to Persons
- Mark Hall, Fred and Elizabeth Turnage Professor of Law and Director of the Health Law and Policy Program at Wake Forest University School of Law and Reporter for the Restatement (Third) of Torts: Medical Malpractice
*Subject to change
8:15 a.m. - 8:45 a.m. |
Registration Light breakfast available |
8:45 a.m. - 9:00 a.m. |
Introduction and Welcome |
9:00 a.m. - 9:30 a.m. |
The American Law Institute and the Restatement (Third) of Torts |
9:30 a.m. - 10:45 a.m. |
Panel One: Tort Theory and the Restatements |
10:45 a.m. - 11:00 a.m. |
Break |
11:00 a.m. - 12:15 p.m. | Panel Two: Medical Malpractice and MICRA |
12:15 p.m. - 2:00 p.m. |
Keynote Luncheon Presentation |
2:00 p.m. - 3:15 p.m. |
Panel Three: Medical Monitoring and Mass Torts |
3:15 p.m. - 3:30 p.m. |
Break |
3:30 p.m. - 5:00 p.m. |
Panel Four: Damages |
5:00 p.m. - 5:30 p.m. |
Reporters' Roundtable and Concluding Thoughts from Advisers and Participants |
5:30 p.m. - 6:30 p.m. |
Reception Tours of the Art Deco Historic Landmark Bullocks Wilshire Building |
Mark Behrens
Co-Chair, Public Policy Group,
Partner, Shook, Hardy & Bacon LLP,
Adviser, Restatement (Third) of Torts: Intentional Torts to Persons
View bio
Judge Kevin Brazile
Judge, Superior Court of Los Angeles County,
Member, Judicial Council of California,
Former Presiding Judge, Superior Court of Los Angeles County
View bio
Nora Freeman Engstrom
Ernest W. McFarland Professor of Law,
Co-Director, Deborah Rhode Center on the Legal Profession, Stanford Law School
Reporter, Restatement (Third) of Torts: Miscellaneous Provisions and the Restatement (Third) of Torts: Medical Malpractice,
Adviser, Restatement (Third) of Torts: Remedies
View bio
James M. Fischer
Professor of Law,
Southwestern Law School
Adviser, Restatement (Third) of Torts: Remedies
View bio
Mark Geistfeld
Sheila Lubetsky Birnbam Professor of Civil Litigation,
New York University School of Law,
Adviser, Restatement (Third) of Torts: Miscellaneous Provisions
View bio
Michael Green
Mel and Pam Brown Visiting Professor of Law,
Washington University in St. Louis School of Law,
Reporter, Restatement (Third) of Torts: Miscellaneous Provisions and the Restatement (Third) of Torts: Medical Malpractice,
Adviser, Restatement (Third) of Torts: Intentional Torts to Persons
View bio
Mark Hall
Fred and Elizabeth Turnage Professor of Law,
Director of the Health Law and Policy Program, Wake Forest University School of Law
Reporter, Restatement (Third) of Torts: Medical Malpractice,
Adviser, Restatement (Third) of Torts: Miscellaneous Provisions,
View bio
Deborah R. Hensler
Judge John W. Ford Professor of Dispute Resolution,
Stanford Law School,
View bio
Gregory Keating
William T. Dalessi Professor of Law and Philosophy,
University of Southern California Gould School of Law
View bio
Nina A. Kohn
David M. Levy L’48 Professor of Law,
Faculty Director of Online Education,
Syracuse University College of Law,
Adviser, Restatement (Third) of Torts: Miscellaneous Provisions
View bio
Philip G. Peters, Jr.
Ruth L. Hulston Professor Emeritus of Law,
University of Missouri School of Law,
Adviser, Restatement (Third) of Torts: Miscellaneous Provisions
View bio
Christopher Robinette
Professor of Law,
Southwestern Law School,
Adviser, Restatement (Third) of Torts: Miscellaneous Provisions,
View bio
Victor Schwartz
Co-Chair, Public Policy Group,
Partner, Shook, Hardy & Bacon L.L.P
Adviser, Restatement (Third) of Torts: Miscellaneous Provisions,
Adviser, Restatement (Third) of Torts: Remedies
View bio
Anthony Sebok
Professor of Law,
Yeshiva University Cardozo School of Law,
Adviser, Restatement (Third) of Torts: Intentional Torts to Persons,
Adviser, Restatement (Third) of Torts: Remedies
View bio
Kenneth Simons
Chancellor's Professor of Law,
University of California, Irvine School of Law
Reporter, Restatement (Third) of Torts: Intentional Torts to Persons
View bio
Byron Stier
Associate Dean for Strategic Initiatives,
Director of Civil Litigation and Advocacy Concentration,
Professor of Law, Southwestern Law School
View bio
Southwestern Law Review Representatives
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The Southwestern Law Review is a student-edited quarterly journal that publishes scholarly articles and commentary on the law contributed by prominent jurists, practitioners, law professors, and student members of the Law Review staff.