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Case Citations [i] (2016)

handle is hein.ali/resctlw0149 and id is 1 raw text is: 





                          CONFLICT OF LAWS 2D





  Generally

  S.D.Ind.Bkrtcy.Ct.2016. Cit. generally in disc. Trustee of estate of Chapter 11 debtor-a livestock
  company  incorporated and based in Indiana-brought an adversary proceeding against ranch owner,
  alleging breach of contract based on defendant's failure to take proper care of debtor's livestock, which
  were in defendant's custody in Kentucky. This court denied defendant's motion to dismiss the complaint
  based on Kentucky's five-year statute of limitations, holding that Indiana's six-year statute of limitations
  applied to this case. The court noted that the choice-of-law rules of Indiana, as the forum state, should
  govern this proceeding, rather than the federal choice-of-law rules; and Indiana's choice-of-law rules
  dictated that, because statutes of limitations were procedural, the statute of limitations of Indiana as the
  forum state should apply. The court noted that, while not applicable in this case, the federal common-
  law choice-of-law rules generally followed the most significant relationship test set forth in
  Restatement Second of Conflict of Laws. In re Eastern Livestock Co., LLC, 547 B.R. 277, 282, 284.

  D.Mass.2015. Cit. generally in disc. In an insurance-coverage dispute arising from an underlying
  personal-injury action that was filed by a Rhode Island resident against a Massachusetts insured in
  Rhode Island state court, this court noted that, under Massachusetts choice-of-law rules, Massachusetts
  law appeared to provide the substantive law that governed this action. The court explained that, in
  determining what state's law applied to a particular matter, Massachusetts used a functional approach
  that was informed by the Restatement Second of Conflict of Laws. Scottsdale Insurance Company v.
  United Rentals (North America), Inc., 152 F.Supp.3d 15, 19.

  E.D.Pa.2016. Cit. generally in case quot. in sup. In a personal-injury action by New Jersey passengers
  who were injured in a Pennsylvania-registered tour bus that was involved in a rollover accident in New
  York, this court granted summary judgment for tour-bus owner, holding that passengers failed to raise a
  material question of fact as to whether they were entitled to damages under New York law. The court
  applied Pennsylvania's hybrid choice-of-law approach, which combined the Restatement Second of
  Conflict of Laws and an interest analysis, in determining that the action was governed by the law of
  New  York, rather than Pennsylvania, because New York had a stronger interest in the dispute.
  Grondecki v. Axiom Management,  Inc., 158 F.Supp.3d 345, 354.



                                  CHAPTER 1. INTRODUCTION

  § 6. Choice-of-Law Principles

  C.A.5, 2016. Subsecs. (2)(a)-(2)(g) quot. in ftn. Georgia employee filed a putative class action against
  Texas employer, which was a private contractor that provided logistics-support services to the U.S.
  Army, seeking pay and benefits that he allegedly was owed under his employment contract with
  defendant for work performed in Kuwait. The district court granted defendant's motion to dismiss based



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

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