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Case Citations [1] (July 2017 through April 2018)

handle is hein.ali/resctlw0152 and id is 1 raw text is: 





                          CONFLICT OF LAWS 2D





  Generally

  C.A.9, 2017. Cit. generally in sup. and in ftn. In an action brought against Spanish art foundation by
  great-grandchildren who sought to recover a painting forcibly taken from their relative in 1939
  Germany,  this court reversed the district court's entry of summary judgment for defendant and
  remanded, holding, inter alia, that Spanish law applied to determine whether the painting passed to
  defendant via acquisition prescription and that a triable issue of fact remained as to whether defendant
  knew the painting was stolen when it was purchased. The court noted that, when jurisdiction was based
  on Foreign Sovereign Immunity  Act, federal common law applied to determine the choice-of-law rules
  and followed the approach set forth in Restatement Second of Conflict of Laws, which, in this case,
  resulted in the application of Spanish law. Cassirer v. Thyssen-Bornemisza Collection Foundation, 862
  F.3d 951, 960, 961, 974.

  C.A.9, 2017. Cit. generally in disc. In a case where ex-wife who was named beneficiary of ex-husband's
  individual retirement account (IRA) during their marriage sought declaratory relief against ex-husband's
  estate's demand for IRA proceeds based on Arizona's revocation-on-divorce statute, this court affirmed
  the judgment for defendant, holding that, under Arizona law, which was not preempted by federal
  regulations, the beneficiary designation was automatically revoked upon the divorce. In making its
  decision, the court noted that Arizona generally followed Restatement Second of Conflict of Laws in
  assessing the validity of choice-of-law provisions. Restatement. Lazar v. Kroncke, 862 F.3d 1186, 1194.

  D.Colo.2016. Cit. generally in sup. In an action brought by investors against purported real-estate
  developers, including limited-liability corporation that was incorporated in Utah, this court granted
  plaintiffs' motion for a default judgment for their breach-of-contract and RICO claims, holding, inter
  alia, that, under Utah law, veil-piercing was appropriate between individual defendant and corporate
  defendant. The court noted that Colorado courts generally followed the choice-of-law principles set forth
  in the Restatement Second of Conflict of Laws, and predicted that Colorado would follow § 307's
  approach in this case. Jones v. Marquis Properties, LLC, 212 F.Supp.3d 1010, 1020.

  N.D.Ill.Bkrtcy.Ct.2017. Cit. generally in case quot. in sup. In an adversary proceeding, Chapter 7
  trustee sought turnover of assets owned by debtor's business entities on the ground that the entities were
  debtor's alter egos. This court granted in part debtor's motion to dismiss, holding that trustee failed to
  state a claim for piercing the corporate veil under either Delaware law, which applied to the entities that
  were formed in Delaware, or Illinois law, which applied to the entities that were formed in Illinois. The
  court explained that the federal common law generally followed the Restatement Second of Conflicts of
  Laws, which provided that local law of the state of incorporation applied to determine the existence and
  extent of a shareholder's liability to its creditors for corporate debts. In re Glick, 568 B.R. 634, 660.

  D.Md.2016.  Cit. generally in case quot. in ftn. Student at university in Maryland who was a
  Pennsylvania resident filed an action in the U.S. District Court for the District of New Jersey against




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

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