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Case Citations (March 2016 through June 2016) [i] (2016)

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                          CONFLICT OF LAWS 2D





  Generally

  D.Del.2015. Cit. in case quot. in sup. In a dispute between parties to a stock-purchase agreement, this
  court held, among other things, that buyer's claim for breach of contract was governed by Delaware law
  pursuant to the Delaware choice-of-law clause contained in the agreement, but buyer's claim for
  misappropriation of trade secrets was governed by New York law, because New York was where buyer
  was incorporated, where the injury occurred, and where the parties' relationship was centered. In
  making its decision, the court noted that a federal court sitting in diversity followed the forum's choice-
  of-law rules, and that Delaware courts looked to the Restatement Second of Conflict of Laws for
  guidance in choice-of-law disputes. Enzo Life Sciences, Inc. v. Adipogen Corporation, 82 F.Supp.3d
  568, 595.

  D.N.J.2015. Cit. generally in sup. In a patent-infringement case brought by brand-name-drug
  manufacturer against North Carolina drug manufacturer that had submitted an application with the Food
  and Drug Administration for a generic version of plaintiff s drug, this court denied defendant's motion
  to dismiss for lack of personal jurisdiction, holding that defendant's registered agent accepted service in
  New  Jersey on behalf of defendant. In making its decision, the court acknowledged that New Jersey
  often gave considerable weight to the Restatements of the Law, and, in this case, the court relied on
  Restatement Second of Conflict of Laws § 44. Senju Pharmaceutical Co., Ltd. v. Metrics, Inc., 96
  F.Supp.3d 428, 439.

  D.Or.2015. Cit. in case quot. in sup. In a dispute over injured motorist's coverage under an automobile-
  insurance policy, this court determined, among other things, that, under Oregon's choice-of-law rules,
  the policy's choice-of-law provision, which selected Oregon law, was enforceable. The court noted that
  the Oregon Supreme Court had adopted the most significant relationship approach set forth in the
  Restatement Second of Conflict of Laws in analyzing choice-of-law problems. Powell v. System
  Transport, Inc., 83 F.Supp.3d 1016, 1022.

  Ohio App.2015.  Cit. generally in cases cit. in sup. In an action brought by trustee against Florida
  residents to whom trustee transferred trust's Ohio real property, in which trustee sought a declaration
  that the deeds were invalid for not complying with Florida law, this court reversed the trial court's grant
  of summary judgment  for plaintiff, holding that the execution and validity of the deeds were governed
  by Ohio law. The court acknowledged that the Ohio Supreme Court followed the Restatement Second of
  Conflict of Laws regarding choice-of-law issues, and explained that, here, consistent with § 223 of the
  Restatement, it would apply the law that would be applied by the court of the situs of the real property.
  Miller v. Stuckey, 42 N.E.3d 304, 308.



                                  CHAPTER 1. INTRODUCTION




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

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