Concluding the Restatement (Third) of Torts

2023 Law Review Webinar 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

  1. 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

     

  2. 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

     

  3. 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

     

  4. 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
  5. 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

     

  6. 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.

     

  7. 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
Law Review Symposium banner - Schedule

  *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

 

Law Review Symposium banner - Speakers & Moderators

Mark Behrens headshot

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 headshot

  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

  

Martha Chamallas headshot

Martha Chamallas
Robert J. Lynn Chair in Law, 
Ohio State University Moritz College of Law,
Adviser, Restatement (Third) of Torts: Intentional Torts to Persons
View bio

  

Darby Dickerson headshot

Darby Dickerson
President, Dean, and Professor of Law,
Southwestern Law School
View bio

Nora Freeman Engstrom headshot

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 Fischer headshot

James M. Fischer
Professor of Law, 
Southwestern Law School
Adviser, Restatement (Third) of Torts: Remedies
View bio

 

Mark Geistfeld headshot

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 headshot

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 headshot

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 headshot

Deborah R. Hensler 
Judge John W. Ford Professor of Dispute Resolution, 
Stanford Law School,
View bio

  

Keith Hylton headshot

Keith N. Hylton
William Fairfield Warren Distinguished Professor of Law, 
Boston University School of Law
View bio

  

Richard Jolly headshot

Richard Jolly 
Associate Professor of Law, 
Southwestern Law School
View bio

  

Gregory Keating headshot

Gregory Keating 
William T. Dalessi Professor of Law and Philosophy, 
University of Southern California Gould School of Law
View bio

  

Nina A. Kohn headshot

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

Justice Goodwin Liu headshot

Justice Goodwin Liu 
Associate Justice, 
California Supreme Court,
Member, Council of the American Law Institute
View bio

Brian Panish headshot

Brian Panish '84 
Founding Partner, 
Panish Shea Boyle Ravipudi LLP
View bio

 

Philip G. Peters, Jr. headshot

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 headshot

Christopher Robinette
Professor of Law,
Southwestern Law School,
Adviser, Restatement (Third) of Torts: Miscellaneous Provisions,
View bio

Victor Schwartz headshot

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 headshot

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

Ibiere Seck headshot

Ibiere Seck
Founding Partner & Principal Trial Attorney, 
Seck Law, P.C.
View bio

Catherine M. Sharkey headshot

Catherine M. Sharkey
Segal Family Professor Regulatory Law and Policy,
New York University School of Law
Adviser, Restatement (Third) of Torts: Remedies
View bio

   

Kenneth Simons headshot

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 headshot

Byron Stier
Associate Dean for Strategic Initiatives,
Director of Civil Litigation and Advocacy Concentration,
Professor of Law, Southwestern Law School
View bio

   

David Studdert headshot

David Studdert 
Senior Associate Vice Provost for Research,
Professor of Health Policy and Professor of Law, 
Stanford Law School
Adviser, Restatement (Third) of Torts: Miscellaneous Provisions
View bio

   

Adam Zimmerman headshot

Adam Zimmerman
Professor of Law,
Gerald Rosen Fellow,
Loyola Los Angeles Law School
View bio

Southwestern Law Review Representatives

  

Elena Cordonean headshot

Elena Cordonean
Editor in Chief, Southwestern Law Review 
View bio

   

Hannah Nava-Holstein headshot

Hannah Nava-Holstein
Special Projects Editor, Southwestern Law Review 
View bio

Law Review Symposium banner - Materials

Click or scan the QR code to view CLE materials. Register for the event to receive the password. 

www.swlaw.edu/TortsCLE2023

Law Review CLE Materials QR Code

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Southwestern Law Review logo for symposium

Panish Civil Justice Program logoThe American Law Institute Logo

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.