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Case Citations [i] (Fall 2023)

handle is hein.ali/reconlw0161 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2023 Citations CONFLICT OF LAWS Generally D.N.D.2022. Cit. generally in disc., cit. generally in cases cit. in disc., cit. generally in ftn. Minnesotan and North Dakotan vaccine recipients filed a class action against Minnesota-based vaccine provider, alleging that it administered vaccines to them that had been stored outside proper temperature ranges and were potentially less effective. After recipients moved to compel provider to produce certain documents, this court held that in camera review was necessary to determine whether the documents were protected by Minnesota's peer-review privilege. The court predicted that North Dakota would adopt an interest-based approach as set forth in the Restatement Second of Conflict of Laws, rather than a territorial approach as set forth in the Restatement of Conflict of Laws, in determining which state's law governing privilege applied, and concluded that Minnesota privilege law applied under North Dakota's choice-of-law rules, because Minnesota had the most significant contacts with and interest in the documents at issue. Kraft v. Essentia Health, 602 F.Supp.3d 1130, 1139, 1140, 1142, 1143. CHAPTER 9. WRONGS TOPIC 1. TORTS § 377. The Place of Wrong S.D.N.Y.2022. Note 4 cit. in case cit. but not fol. Holders of universal life-insurance policies, who resided in California, filed a class action against New York-based insurer, alleging that it violated the New York Insurance Law by issuing false or misleading policy documents that failed to disclose the likelihood of future increases in their monthly cost of insurance charges. This court denied in part insurer's motion for summary judgment, holding that policyholders were not precluded from maintaining a claim against insurer under the New York Insurance Law because they resided in California. The court noted that the U.S. Court of Appeals for the Second Circuit had rejected the traditional view found in Restatement of Conflict of Laws § 377 that the law of the place of injury ordinarily governed, and that the court had often concluded that New York had the greater interest in adjudicating claims arising from allegedly fraudulent acts that were committed in New York but injured plaintiffs in other jurisdictions. In re AXA Equitable Life Insurance Company COI Litigation, 595 F.Supp.3d 196, 239. 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.

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