If not, what would be the process to have Wisconsin recognize the Restatement (Third) of Torts: Liability for Physical and Emotional Harm?
The Restatements are simply topical collections of legal authority from across multiple jurisdictions. You'd need to look at the specific question posed in your case, and then research the specific point of law you want to argue as it appears in Wisconsin case law. This may be difficult for a person not trained in the law to accomplish. This is the type of work that lawyers get paid to do. As posed, this question cannot be answered.
Legal research is relatively simple these days. The best approach is to go to a law library and do a search starting out with the key phrases that will lead to the answer. A second best approach is to use a regular search engine, which may or may not lead to your answer. I've handled emotional distress cases up to the appellate level but Wisconsin law does not stand out in my mind. An emotional distress summary is linked below: [Blue Link Below]
The answer to the second part of your question is that appellate attorneys can suggest Restatement views, if they apply to the facts presented in a particular case, and brief strong legal argument in support of the Restatement. But, it is up to the court to follow the law that it views pertinent.
Get free answers from experienced attorneys.
23,712 answers this week
2,579 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary