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Case Citations [1] (July 2019 - April 2020)

handle is hein.ali/resctlw0156 and id is 1 raw text is: CONFLICT OF LAWS 2D Generally D.Colo.Bkrtcy.Ct.2019. Cit. generally in disc., cit. generally in case cit. in disc. Debtor brought a lawsuit against creditor, seeking declaratory judgment that a promissory note attached to real property it had purchased was invalid because the note's interest rate was unenforceable under Colorado law. This court granted creditor's motion to dismiss, holding, inter alia, that the interest rate was permissible under Wisconsin law. The court explained that federal courts and Colorado relied on the Restatement Second of Conflict of Laws to resolve choice-of-law issues arising from adversarial federal bankruptcy cases, and determined that Colorado choice-of-law principles required the application of Wisconsin law to this case. In re Rent-Rite Superkegs West, Ltd., 603 B.R. 41, 71, 75. D.Mass.Bkrtcy.Ct.2019. Cit. generally in disc. Massachusetts Chapter 7 debtor's Canada-based creditor, among others, brought a lawsuit against New York insurance broker, alleging, inter alia, that broker breached a contract between broker and debtor. This court granted in part and denied in part defendant's motion to dismiss, holding that the contract's choice-of-law provisions applying New York law were enforceable. In making its decision, the court noted that Massachusetts generally drew its choice-of-law principles from the Restatement Second of Conflict of Laws. In re GlassHouse Technologies, Inc., 604 B.R. 600, 614. E.D.Mo.2019. Cit. generally in cases cit. in disc. Peruvian children brought a lawsuit against Missouri mining companies, alleging that defendants were liable for injuries arising from lead-smelting operations conducted near plaintiffs' residences. This court denied defendants' motion to dismiss, holding, inter alia, that Missouri law applied, because there was no conflict between Missouri law and Peruvian law relevant to this case. The court noted that federal common law and Missouri law looked to the Restatement Second of Conflict of Laws for choice-of-law principles. J.Y.C.C. v. Doe Run Resources, Corp., 370 F.Supp.3d 1031, 1045. Introduction C.A.9, 2019. Intro. quot. in diss. op. Current and former nationwide minor-league baseball players filed a putative class action against nationwide baseball commission and commissioner, alleging, inter alia, that defendants violated Arizona, California, and Florida minimum-wage laws by requiring plaintiffs to participate in off-season training and activities in those states without compensation, and moved for class certification to form Arizona, California, and Florida classes. The district court granted in part plaintiffs' motion for class certification. This court affirmed in part, holding that choice-of-law issues defeated the preponderance requirements for establishing a common class. The dissent cited the Introduction to Restatement Second of Conflict of Laws in noting that the Restatement Second was substantially more flexible in conducting choice-of-law analyses than the Restatement of Conflict of Laws, because the Restatement Second did not overly rely on the location of the wrong to determine which jurisdiction's laws to apply. Senne v. Kansas City Royals Baseball Corp., 934 F.3d 918, 954. COPYRIGHT 02020 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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