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

Case Citations [1] (April 2023 - August 2023)

handle is hein.ali/reconlw0160 and id is 1 raw text is: 



                                 THE   AMERICAN
                                 LAW INSTITUTE



                                       Spring 2023 Citations



                           CONFLICT OF LAWS



Generally

M.D.N.C.2022.  Cit. generally in sup. Consumers who purchased bed linens from retail stores in
California, Massachusetts, Missouri, and New Hampshire filed a putative class action against Indian
manufacturer of the linens and North Carolina importer and distributer of the linens, alleging that
defendants misrepresented the thread count of the linens. This court granted in part defendants' motion
to dismiss, holding that, under North Carolina choice-of-law rules, which followed the Restatement of
Conflict of Laws, plaintiffs' claims for negligent misrepresentation were governed by the law of the
state in which the injury occurred, or where plaintiffs purchased the linens, and that the negligent-
misrepresentation claims of plaintiffs who purchased their linens in California, Missouri, and New
Hampshire  were barred under the economic-loss doctrine. Hill v. AQ Textiles LLC, 582 F.Supp.3d 297,
318.

D.S.C.2021. Cit. generally in disc. Consumers whose personal information was managed by cloud
software company  brought a putative class action against cloud software company, alleging that
defendant's deficient data-security policies resulted in plaintiffs' personal information being stolen in a
cyberattack. This court denied in part defendant's motion to dismiss, holding, inter alia, that, under
South Carolina law, plaintiffs alleged sufficient facts that defendant owed a duty to protect them,
because defendant created a risk of harm to plaintiffs through its negligent security policies. The court
noted that South Carolina looked to the lex loci delicti rule set forth in the Restatement of Conflict of
Laws  in determining choice-of-law issues for claims sounding in tort, under which it applied the law of
the state where the injury occurred. In re Blackbaud, Inc., Customer Data Breach Litigation, 567
F.Supp.3d 667, 674.


                                     CHAPTER 9. WRONGS

                                        TOPIC   1. TORTS

N.Y.Sup.Ct.2022.  Cit. in case quot. in disc. §§ 377-390, which constitutes all of Ch. 9, Topic 1. Former
husband, who was  director and shareholder of a Delaware corporation, filed claims for, among other
things, conversion against former wife, who was also a shareholder of corporation, in connection with
allegations that wife improperly withdrew certain funds from corporation's bank account. This court
granted without prejudice wife's motion to dismiss husband's conversion claim, holding, among other
things, that, under New York conflict-of-laws analysis, husband had not alleged sufficient facts to

                             COPYRIGHT C2023 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