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Expert Analysis

Mixed Feelings In Texas About ALI's Negligence Approach

Law360, New York (August 28, 2014, 10:21 AM EDT) -- Just when we thought we could say that the Supreme Court of Texas wants nothing to do with the American Law Institute's latest efforts to restate the law of negligence, two recent decisions — one in late June and the other in late August — indicate that it actually has mixed feelings about those efforts. One key to understanding the court's hot-and-cold approach to the published Restatement (Third) of Torts: Liability for Physical and Emotional Harm and the pending Restatement (Third) of Torts: Liability for Economic Harm is its profound distrust of juries....

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