About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

Case Citations [1] (July 2019 - August 2020)

handle is hein.ali/reconlw0155 and id is 1 raw text is: 





                            CONFLICT OF LAWS



Generally

D.Kan.2019.  Cit. generally in case quot. in sup. Retired employee sued former employer, alleging that
employer breached  the parties' retirement agreement by ceasing payments to employee on the grounds
that he had breached the agreement's non-compete clause by providing consulting services to an
investor in employer's competitor. This court granted in part and denied in part employer's motion to
compel  employee and the investor to produce certain communications between them and their attorneys,
holding, among other things, that Kansas law applied to resolve the matters of privilege at issue and
whether the documents in question were admissible, as the law of the forum state. The court noted that,
when  addressing choice-of-law issues, Kansas courts still followed Restatement of Conflict of Laws.

D.V.I.2019. Cit. generally in ftn. Resident of the Virgin Islands brought premises-liability claims
sounding in negligence and failure to warn against owners and managers of a hotel in St. Kitts, after she
slipped and fell in a bathtub in defendants' hotel and was injured. This court granted summary judgment
for defendants, holding that they did not owe plaintiff a duty of care under St. Kitts law, which applied
under both the law of lex loci delicti set forth in Restatement of Conflict of Laws and the most-
significant-relationship test set forth in the Restatement Second of Conflict of Laws. The court noted
that a prior statutory mandate requiring the courts of the Virgin Islands to apply the Restatements in the
absence of local laws to the contrary had been superseded and altered, and that the courts of the Virgin
Islands could now determine the common  law without automatically and mechanistically following the
Restatements. Clarke v. Marriott International, Inc., 403 F.Supp.3d 474, 485.

Idaho, 2019. Cit. generally in case cit. in sup. Montana lender sued Idaho escrow agent, alleging that
defendant breached its agreement with the borrower and the purchaser by failing to distribute to plaintiff
the proceeds from the sale of a Washington property that a borrower had pledged as collateral for a loan
from plaintiff. The trial court granted defendant's motion for summary judgment. This court affirmed,
holding, inter alia, that neither party was entitled to attorney's fees under Idaho law. The court observed
that it made a realistic inquiry into the parties' relationship and circumstances in deciding to apply Idaho
law, because relying on the choice-of-law principles found in the Restatement of Conflict of Laws was
overly mechanical. First Bank of Lincoln v. Land Title of Nez Perce County, Inc., 452 P.3d 835, 848.

Ohio  App.2019. Cit. generally in case quot. in disc. After Ohio member of Ohio church died while
swimming   on a North Carolina beach trip organized by church, administrator of decedent's estate
brought negligence and other claims against church. The trial court granted summary judgment for
church under North Carolina's doctrine of contributory negligence. This court rejected administrator's
argument that Ohio's modified comparative statutory scheme applied, and affirmed the dismissal of
administrator's negligence claim, holding that North Carolina had the most-significant relationship to
the occurrence and parties with regard to the issue of contributory fault. The court noted that Ohio courts
had rejected the traditional rule of lex loci delicti set forth in the Restatement of Conflict of Laws, in
favor of adopting the most-significant relationship test set forth in the Restatement Second of Conflict of
Laws. Estate of Sample through Cornish v. Xenos Christian Fellowship, Inc., 139 N.E.3d 978, 991.

                             COPYRIGHT ©2020 By THE AMERICAN LAW INSTITUTE
                                            All rights reserved
                                     Printed in the United States of America
          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most