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Case Citations [1] (July 2017 through April 2018)

handle is hein.ali/reconlw0151 and id is 1 raw text is: CONFLICT OF LAWS Generally D.S.C.2016. Cit. generally in disc., cit. generally in case quot. in disc. Where decedent's grandchild moved for a protective order for various communications that she had with relatives and attorneys about several consolidated actions regarding decedent's revocable living trust, this court applied the privilege test outlined in Restatement Second of Conflict of Laws § 139 and held that most of the information sought was privileged to the extent it would implicate confidential communications with grandchild's attorney or her mother's attorney but, where no attorney was present, the communication was not privileged under either the common-interest or joint-client doctrine. In making its decision, the court noted that South Carolina generally followed traditional choice-of-law rules as stated in the Restatement Conflict of Laws. Wellin v. Wellin, 211 F.Supp.3d 793, 801, 803. CHAPTER 1. INTRODUCTION TOPIC 2. RULES FOR THE APPLICATION OF CONFLICT OF LAWS § 7. Law of Forum Applied D.S.C.2016. Cit. in disc. Patient who underwent a hysterectomy that involved the use of a morcellator device brought a products-liability action against German manufacturer of the device and its California subsidiary. This court denied manufacturer's motion to dismiss for lack of personal jurisdiction, holding that, under California law, subsidiary was acting as manufacturer's agent under a representative-services theory, which allowed the court to exercise personal jurisdiction over manufacturer based on subsidiary's acts in marketing and distributing the device in South Carolina. The court explained that California law applied under South Carolina's rule of lex loci contractus if the agency agreement between manufacturer and subsidiary was entered into in California, and cited the first Restatement of Conflict of Laws §§ 7 and 311 and Restatement Second of Conflict of Laws § 8 in noting that, even if the agreement was entered into in Germany, California law still applied under a narrow exception to the lex loci contractus rule, because European Union law applicable in Germany provided that the law of the agent's domicil governed an unwritten agency agreement like the one at issue. Gourdine v. Karl Storz Endoscopy-America, Inc., 223 F.Supp.3d 475, 494. CHAPTER 4. JURISDICTION OF COURTS TOPIC 1. JURISDICTION OVER PERSONS TITLE B. JURISDICTION OVER INDIVIDUALS A L Im For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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