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Case Citations [1] (July 2018 through August 2019)

handle is hein.ali/resctlw0155 and id is 1 raw text is: CONFLICT OF LAWS 2D Generally N.D.Ill.2018. Cit. generally in sup. In Illinois consumer's putative class action against cough-syrup manufacturer that had a principal place of business in New Jersey, this court denied in part defendant's motion to dismiss, holding that plaintiff sufficiently alleged that defendant violated Illinois's consumer- protection law in connection with its marketing and distribution of cough syrup. In making its decision, the court noted that Illinois had adopted the approach found in the Restatement Second of Conflict of Laws, under which the law of the state that retained the most significant relationship to the occurrence and the parties governed, and concluded that Illinois had a more significant relationship to plaintiff s claims than New Jersey. Al Haj v. Pfizer Inc., 338 F.Supp.3d 741, 753. D.Mass.2018. Cit. generally in sup. Judgment creditor, who had obtained an Arizona consent judgment against decedent's estate, filed an action in Arizona state court against personal representative of decedent's estate, who was also trustee of decedent's self-settled irrevocable trust, seeking to enforce and collect the judgment from the assets of the trust. After the action was transferred, this court granted creditor's motion for partial summary judgment, holding that, notwithstanding the trust's spendthrift provision, creditor was entitled to access debtor's interest in the trust under Massachusetts law. The court noted that Arizona courts followed the most significant relationship test set forth in the Restatement Second of Conflict of Laws in determining choice-of-law issues, and that, under the Restatement, Arizona law governed issues concerning the preclusive effect of the consent judgment and the time limitations for bringing a claim against personal representative of decedent's estate, while Massachusetts law governed issues concerning the claims against the trust. De Prins v. Michaeles, 342 F.Supp.3d 199, 203. E.D.Mo.2018. Cit. generally in disc. In an action by Peruvian residents against Missouri mining companies and companies' Peruvian subsidiaries, this court denied in part defendants' motion to dismiss, holding, inter alia, that the laws of the forum state would be applied in this case, because there was minimal conflict between Peruvian law and U.S. law. In making its decision, the court noted that federal common law and Missouri law followed the choice-of-law principles outlined in Restatement Second of Conflict of Laws. A.O.A. v. Rennert, 350 F.Supp.3d 818, 835, 847. S.D.Tex.2018. Cit. generally in disc. and in case cit. in disc. Insurers that paid insured's claim for damage to an oil-drilling platform located off the coast of Louisiana brought a negligence claim against, among others, Texas-based marine warranty surveyor hired by insured to oversee the platform's operations, and foreign entities that wholly controlled surveyor. This court granted foreign entities' motion to dismiss for lack of personal jurisdiction, holding that it could not exercise specific jurisdiction over the foreign entities, because insured did not present sufficient evidence of a blurring of corporate lines to justify imputing surveyor's contacts to the foreign entities under Texas or Louisiana law. The court noted that Texas followed the most-significant-relationship test set forth in the Restatement Second of Conflict of Laws, but determined that a choice-of-law analysis was not necessary here, because there was no true conflict between Texas and Louisiana laws on imputing contacts. Lloyd's Syndicate 457 v. American Global Maritime Inc., 346 F.Supp.3d 908, 928. COPYRIGHT 02019 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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