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Case Citations July 2015 through February 2016 [1] (2015-2016)

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                          CONFLICT OF LAWS 2D





 Generally

 C.A.6, 2015. Cit. generally in sup. In multidistrict litigation that was transferred in part from Ohio to
 Tennessee, patient brought a products-liability action against manufacturer of a contrast agent used in
 magnetic resonance imaging  (MRI), alleging that she was injured as a result of her exposure to the
 contrast agent. The district court granted summary judgment for manufacturer, finding that, under
 Tennessee's choice-of-law rules, patient's action was barred by the Tennessee Products Liability Act's
 statute of repose. Affirming, this court held that Tennessee substantive law, including its statute of
 repose, applied under either Tennessee or Ohio choice-of-law rules, both of which followed the most
 significant relationship test from the Restatement Second of Conflict of Laws. The court reasoned that,
 other than the fact that manufacturer's medical division was headquartered in New Jersey and the
 contrast agent was made in Ireland, every factor pointed toward Tennessee, where the injury occurred
 and where  patient resided, and that Tennessee had a far greater interest in a lawsuit by one of its own
 injured citizens against a manufacturer than New Jersey. Wahl v. General Elec. Co., 786 F.3d 491, 494.

 D.N.M.2014.   Cit. generally in disc., cit. generally in case quot. in disc. Owners of royalty interests
 burdening lessee's working interest in oil-and-gas leases in Colorado and New Mexico filed a putative
 class action, asserting contract and other claims against lessee and bringing an unjust-enrichment claim
 against transporter that processed natural gas liquids (NGLs) for lessee and against marketer that sold
 NGLs   on behalf of lessee and transporter, alleging that defendants' combined conduct resulted in
 systemic underpayment  of royalties. This court granted transporter and marketer's motion to dismiss
 plaintiffs' claims for unjust enrichment, holding, among other things, that it would apply New Mexico
 law as the law of the forum state because there was no actual conflict between Colorado and New
 Mexico  law. The court noted that, although New Mexico had traditionally followed the original
 Restatement of Conflict of Laws, the New Mexico Supreme  Court had been willing to follow the
 Restatement  Second of Conflict of Laws in certain cases, such as in multi-state class-action cases in
 which  the laws of the states involved actually conflicted, because the original Restatement of Conflict of
 Laws  was particularly ill-suited for the complexities present in multi-state class actions. Abraham v.
 WPX   Energy Production, LLC,  20 F.Supp.3d 1244, 1266.

 I11.App.2015. Cit. generally in sup. Illinois schoolboard member brought an action against county
 electoral board that precluded him from running for reelection based on his felony conviction in Indiana
 for forgery, alleging that defendant failed to undergo a choice-of-law analysis and apply Indiana law,
 given that plaintiff's conviction was expunged by the state of Indiana. The trial court denied plaintiff's
 petition for judicial review. This court affirmed, holding, inter alia, that plaintiff was statutorily
 ineligible to hold office. The court noted that Illinois followed the Restatement Second of Conflict of
 Laws  to resolve choice-of-law questions, and determined that Illinois had the most significant
 relationship to this case because plaintiff sought to hold an elected office in Illinois. Williams v. Cook
 County  Officers Electoral Bd., 393 Ill.Dec. 690, 695, 35 N.E.3d 82, 87.




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

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