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

handle is hein.ali/reconlw0152 and id is 1 raw text is: 





                          CONFLICT OF LAWS



                               CHAPTER 1. INTRODUCTION

            TOPIC  2. RULES  FOR  THE   APPLICATION OF CONFLICT OF LAWS

§ 7. Law of Forum Applied

D.S.C.2017. Cit. in sup. Court-appointed receiver for entities that orchestrated and engaged in a Ponzi
scheme brought an action against investor, seeking to recover grossly excessive payments defendant
received as a return, asserting fraudulent-conveyance and unjust-enrichment claims. This court denied in
part defendant's summary-judgment motion and certified questions to the Supreme Court of South
Carolina as to the state substantive law to be applied under state choice-of-law rules for fraudulent-
conveyance claims and unjust-enrichment claims. Citing Restatement of Conflict of Laws § 7, the court
explained that in determining which state's law should apply to the adjudication of a claim, the
characterization of that claim should be determined by reference to the law of the forum. Ashmore for
Wilson v. Dodds, 262 F.Supp.3d 341, 358.



                                    CHAPTER 5.   STATUS

                                    TOPIC  1. MARRIAGE

§ 132. Marriage Declared Void by Law  of Domicil

Ark.App.2018.  Cit. in case cit. in sup. (general cite). After son was appointed guardian of his 83-year-
old mother, mother's husband filed a motion to terminate the guardianship, alleging that son had not
used the guardianship to promote and protect mother and her property. The trial court denied son's
petition to quash husband's motion, in which son argued that husband's Louisiana marriage to mother
on a boat by a captain was invalid because the couple had never resided in Louisiana, finding that the
marriage was valid under Arkansas law. This court affirmed, holding that the marriage was valid. The
court pointed out that it was undisputed that the marriage was valid in Louisiana, and that, under the
Restatement of Conflict of Laws, the general rule was that a marriage that was valid where it was
celebrated was recognized as being valid everywhere. Stovall v. Preston, 539 S.W.3d 638, 639.



                                   CHAPTER 9.   WRONGS

                                      TOPIC   1. TORTS

§ 377. The Place of Wrong

D.Md.2017.  Cit. in sup. Guatemalan victims of a human-research experiment conducted by the United
States and others, in which subjects were infected with sexually-transmitted diseases without their




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

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