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

handle is hein.ali/resctlw0153 and id is 1 raw text is: 





                        CONFLICT OF LAWS 2D



Generally

D.Colo.2017. Cit. generally in ftn. After their cardholders' credit and debit information was the target of
a cyberattack against restaurants headquartered in Colorado, credit unions located in various states
brought a purported class action against restaurants' owner. This court granted defendant's motion to
dismiss, holding that the economic-loss doctrine barred plaintiffs' claims, because the duties of care
allegedly breached arose from interrelated contractual obligations between defendant and payment-card
networks. The court noted that Colorado followed the Restatement Second of Conflict of Laws in
applying choice-of-law rules. SELCO Community  Credit Union v. Noodles & Company,  267 F.Supp.3d
1288, 1292.

N.D.Miss.2017. Cit. generally in cases quot. in disc., cit. generally in ftn. In a products-liability action
brought by wife of tractor driver who suffered a fatal injury in Mississippi against German manufacturer
of the tractor and manufacturer's German successor corporations, this court denied summary judgment
for manufacturer and granted summary judgment for successor corporations, applying German law to
the issue of successor liability. The court noted that where a true conflict of law existed, Mississippi
followed the Restatement Second of Conflict of Laws and that, according to the Mississippi Supreme
Court, the rule of lex loci delicti had given way to the rules of the Restatement. Bouchillon v. SAME
Deutz-Fahr, Group, 268 F.Supp.3d 890, 899, 902.

Colo.App.2016.  Cit. generally in disc. In a debt-collection action brought by assignee of Nebraska bank
against Colorado resident who failed to make payments on a loan issued by bank, this court reversed the
trial court's grant of summary judgment for plaintiff, holding that the trial court erred in failing to apply
Nebraska law, given the note's valid and effective Nebraska choice-of-law provision, and that plaintiff s
claims were barred by Nebraska's five-year statute of limitations. The court relied on Restatement
Second of Conflict of Laws § 187, noting that Colorado often applied the approach set forth in the
Restatement for choice-of-law issues. Mountain States Adjustment v. Cooke, 412 P.3d 819, 823.



                                CHAPTER 1. INTRODUCTION

§ 6. Choice-of-Law Principles

D.Mass.2017.  Cit. in sup.; subsec. (2) quot. in case quot. in sup. Scientist who resided in Massachusetts
sued California website operator and operator's employees who resided in California and Canada,
alleging that defendants defamed him by publishing a series of 14 articles on the website that disagreed
with his claim that he was the inventor of email. While granting defendants' motions to dismiss, this
court denied defendants' motion to strike pursuant to the California anti-SLAPP statute, holding that
defendants failed to overcome the presumption that Massachusetts law applied under Restatement
Second of Conflict of Laws § 150, as the law of the state where plaintiff was domiciled. The court





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

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