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Case Citations (March 2016 through June 2016) [i] (2016)

handle is hein.ali/reconlw0148 and id is 1 raw text is: CONFLICT OF LAWS Introduction D.N.M.2015. Intro. Note quot. in case quot. in ftn. Female prisoner brought a § 1983 action against corporation that operated the correctional facility where she was imprisoned, alleging that defendant was vicariously liable for the sexual assault and battery that its correctional officer committed against plaintiff. This court denied defendant's motion for judgment on the pleadings, holding that plaintiff sufficiently stated a claim for relief. The court relied on Restatement Second of Agency § 219(2)(d) to determine that plaintiff's aided-in-agency theory could proceed to trial. The court cited Restatement of Conflict of Laws' Introductory Note to point out that the original object of the Restatements was to present an orderly statement of the general common law. Pena v. Greffet, 110 F.Supp.3d 1103, 1116. CHAPTER 8. CONTRACTS TOPIC 1. PLACE OF CONTRACTING § 311. Place of Contracting D.Kan.2015. Cit. in disc. (general cite). California customer filed a proposed nationwide class action against Washington propane provider, asserting contract claims in connection with an oral agreement for the supply of propane. This court granted defendant's motion to compel arbitration pursuant to a written agreement that defendant mailed to plaintiff after the parties entered into the oral agreement, finding that plaintiff was bound by the written agreement, including its arbitration provision, under Kansas law. The court concluded that it would follow Kansas law, because it was not in conflict with the law of either California or Washington, but noted that Kansas followed the rule of lex loci contractus set forth in the first Restatement of Conflict of Laws, under which the law of Washington-where defendant accepted plaintiff's offer to purchase propane-governed the formation and scope of any dispute stemming from the oral agreement. Howard v. Ferrellgas Partners, L.P., 92 F.Supp.3d 1115, 1122. CHAPTER 9. WRONGS TOPIC 1. TORTS C.A.2, 2016. Cit. in ftn. §§ 377-390, which constitute all of Topic 1. Illinois and Florida residents who purchased subordinated debt securities issued by a Kazakhstan bank brought a securities-fraud claim against sovereign wealth fund of Kazakhstan that was the bank's majority owner, alleging that defendant misrepresented the value of the securities. The district court denied defendant's motion to dismiss. This court affirmed in part, holding that, under the commercial-activity exception to the Foreign Sovereign Immunities Act, defendant was not immune, because plaintiffs' claims were based on acts that caused a m A lm For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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