Research guides

Restatement of Unfair Competition

Annotations

Restatement of the Law, Third: Unfair Competition was published in 1995 and is the first independent Restatement on the topic. It was previously covered in Restatement of the Law of Torts (1938). See Foreword to Restatement of the Law (Third) of Unfair Competition at XI (1995) for more information about the decision to separate Unfair Competition from Torts. Select case citation sources to the third series of Unfair Competition may include case citations from July 1987 to present to §§ 708-761 of the first series of Restatement of Torts.

See below for more information on finding case annotations to the Restatement of the Law, Third: Unfair Competition.

Understanding Restatement Annotations

Compiled case annotations to the Restatements can be useful tools to determine how a Restatement provision has been applied by a particular court. These annotations are available in print, on the member database HeinOnline, and on the library's Westlaw computers.

In print, case annotations can be found in pocket parts, cumulative supplements, appendices, and interim case citation pamphlets. Pocket parts are published annually and placed in the back inside "pocket" of the Restatement. Pocket parts include annotations that have cited the provisions found in that volume. Corrections to the Restatement volume are also found in the pocket part. When a pocket part has grown too large to fit in the pocket of the book, a softbound cumulative supplement is published instead. When the annotations become extensive, they are transferred to a hardbound Appendix volume. Not all Restatements have appendix volumes, and some have multiple appendix volumes. Interim case citation pamphlets are published twice a year and contain new case summaries and citations for all Restatements and Principles of the Law. For more information on case citations, see ALI's Frequently Asked Questions page.

On HeinOnline, these annotations can be found under the Restatement subject in files named Case Citations, Cumulative Annual Pocket Part, and Appendix. The Case Citations files are not cumulative. To be thorough, researchers should check all Case Citations files dated after a Cumulative Annual Pocket Part or Appendix.

On Westlaw, case annotations follow the text of the Restatement section. Westlaw indicates the currency of these annotations in the update information found above the Restatement section. In addition, KeyCiting the Restatement section by using the Citing References tab may lead to additional case citations as well as other types of documents. When applicable, these may include trial court orders, administrative decisions and guidance, other secondary sources, appellate court documents, trial court documents, and more.

Member Databases

HeinOnline's American Law Institute Library includes access to the Restatement annotations. Members must be logged in to jenkinslaw.org to access this database. HeinOnline is also available in the library.

Restatement, Third, Unfair Competition (1987-present)

        • Once in HeinOnline, select American Law Institute Library > Restatements & Principles of the Law > Unfair Competition > Restatement, Third, Unfair Competition
        • Annotations are found in the 2015 Cumulative Annual Pocket Parts and Case Citations files. The Case Citations files are not cumulative. To be thorough, researchers should check all Case Citations files dated after the 2015 Cumulative Annual Pocket Parts.
        • The 2015 Cumulative Annual Pocket Part also includes case citations from July 1987 through June 2014 to §§ 708-761 of the first series of Restatement of Torts.

Onsite Westlaw

Westlaw, available on the library's Westlaw computers, includes annotations to the Restatements of the Law. Case annotations follow the text of the Restatement section. Westlaw indicates the currency of these annotations in the update information found above the Restatement section. In addition, KeyCiting the Restatement section by using the Citing References tab may lead to additional case citations as well as other types of documents. When applicable, these may include trial court orders, administrative decisions and guidance, other secondary sources, appellate court documents, trial court documents, and more.

        • Once in Westlaw, from the Content types tab, select Secondary Sources > Restatements & Principles of the Law > Restatement of the Law - Unfair Competition

Print

In print, case annotations to the Restatements can be found in the annual pocket parts located in the back inside "pocket" of each volume. Depending on the date of pocket part, additional case citations may be available in the most recent Interim Case Citations to the Restatements of the Law. When the annotations become extensive, they may also be found in softbound cumulative supplements or hardbound Appendix volumes.

Restatement of the Law, Third: Unfair Competition
(KF3195 A520 1995)

        • The Cumulative Annual Pocket Part also includes case citations from July 1987 to present to §§ 708-761 of the first series of Restatement of Torts.