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Case Citations [1] (2016)

handle is hein.ali/reconlw0150 and id is 1 raw text is: 





                           CONFLICT OF LAWS





Generally

C.A.3, 2016. Cit. generally in treatise cit. in disc. Father filed a petition under the Hague Convention on
the Civil Aspects of International Child Abduction, seeking the return of his biological son and his
adopted daughter on the ground that their biological mother had removed them from their habitual
residence country-French  Saint Martin-and  retained them in the United States in violation of his
custody rights under French law. The district court granted father's petition as to son but denied it as to
daughter. This court vacated the district court's judgment, dismissed the petition, and ordered son to be
returned to the United States, holding that the children were habitual residents of Dutch Sint Maarten,
rather than French Saint Martin, and Dutch Sint Maarten did not recognize the Hague Convention. The
court noted that conflict-of-law analyses often resolved difficult choice-of-law questions by reference to
rules viewed as predictable and easy to apply, citing by way of example the Restatement of Conflict of
Laws, under which the law of the location of a legal event generally governed. Didon v. Castillo, 838
F.3d 313, 325.

N.J.2017. Cit. generally in case quot. in sup., cit. generally in case cit. in ftn. Alabama resident who was
prescribed by his dermatologist in Alabama an acne-treatment drug brought a products-liability action
against New Jersey manufacturer of the drug, alleging that defendant failed to adequately warn him of
the drug's risks and that the drug caused him to develop inflammatory bowel disease. On remand, the
trial court entered judgment on a jury verdict for plaintiff; the court of appeals reversed. Reversing, this
court held that the trial court properly applied New Jersey's statute of limitations. The court cited
caselaw acknowledging  that New Jersey had abandoned the Restatement of Conflict of Laws' approach
to tort cases for the governmental-interest analysis until it adopted the most significant relationship
test set forth in the Restatement Second of Conflict of Laws. McCarrell v. Hoffmann-La Roche, Inc.,
153 A.3d 207, 217, 219.



                                   CHAPTER 8. CONTRACTS

                             TOPIC   1. PLACE  OF  CONTRACTING

§ 311. Place of Contracting

D.N.M.2016.  Cit. in case quot. in disc. (general cite). Estate of New Mexico resident who was killed in
an automobile accident in New Mexico after he collided with a truck brought an action against Florida
residents who were driving or were passengers in the truck, and Florida corporation that owned the
truck; decedent's insurer filed a motion to intervene, seeking to recover benefits it paid to plaintiff
pursuant to decedent's accidental-death insurance policies. This court granted in part insurer's motion,
allowing insurer to assert its equitable-subrogation argument, and subsequently dismissed insurer from
the action because decedent's policies were investment contracts that did not allow for subrogation



           For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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