After seven years of work, the “Restatement of the Law Third, Torts: Remedies" has been approved. As described by one of its reporters,
Launched in 2019, the Torts: Remedies Restatement addresses the principles governing the relief available after liability is established in a tort action. Organized around categories of remedies and types of harm, the project provides guidance on the recovery and measurement of damages, restitution of a wrongdoer’s profits, injunctions against threatened or continuing torts, and other forms of specific relief. Damages topics covered include general rules for measuring compensatory, nominal, and punitive damages, and compensation for specific harms such as lost wages or lost profits, medical expenses, pain and suffering, emotional distress, and damage to property.
Among other developments, the Restatement would eliminate reliance on race- and sex-based assumptions in calculating personal injury damages such as future lost earnings and medical expenses. It also proposes a rule to explain and rationalize the longstanding judicial practice of compensating dignitary harm whether or not there is any more direct evidence of damages.
.... The Restatement also addresses areas of disagreement among courts, including issues such as the measurement of damages in complex contexts and the standards governing punitive damages, while aiming to clarify doctrine and provide a more consistent analytical framework.
You can read the full announcement here.
