About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

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

handle is hein.ali/resctlw0157 and id is 1 raw text is: CONFLICT OF LAWS 2D Generally C.A.1, 2019. Cit. generally in sup. After debtor murdered creditor's parents and committed suicide, and creditor obtained a consent judgment in an Arizona wrongful-death action against debtor's estate, creditor filed a reach-and-apply action against a Massachusetts self-settled, irrevocable, spendthrift trust that debtor created shortly before the murders and against trustee of the trust, seeking to reach and apply the trust's assets to satisfy the Arizona judgment. The district court granted summary judgment for creditor. This court certified questions to the Massachusetts Supreme Judicial Court for review, holding, among other things, that creditor's reach-and-apply action was not time-barred under Arizona law. The court explained that Arizona law applied under Arizona's choice-of-law rules and the Restatement Second of Conflict of Laws, because the trust's Massachusetts choice-of-law provision did not determine which statute of limitations governed, and Arizona was where creditor's parents and debtor resided, where debtor murdered creditor's parents, and where debtor's estate was probated. De Prins v. Michaeles Trustee of Donald Belanger Irrevocable Trust dated October 28, 2008, 942 F.3d 521, 524. D.Md.Bkrtcy.Ct.2019. Cit. generally in disc. Chapter 11 trustee of New Mexico debtors brought an adversary action against banks, seeking to avoid certain transfers from debtors to banks as fraudulent transfers pursuant to federal bankruptcy law. This court denied defendants' motion to dismiss, holding, inter alia, that the fraudulent intent of debtors' president could be imputed onto defendants under Maryland law. The court noted that Maryland generally utilized the most significant relationship test set forth in Restatement Second of Conflict of Laws, but applied the laws of the forum state in this case, because the parties did not contest any choice-of-law issues and there were no conflicts in the imputation laws of the parties' domiciled jurisdictions. In re TMST, Inc., 610 B.R. 807, 819. D.Mass.2019. Cit. generally in disc. Massachusetts truck driver who delivered packages for Washington online retailer and its subsidiary brought a putative class-action lawsuit against retailer and subsidiary, alleging violations of Massachusetts wage laws. This court denied in part defendants' motion to compel arbitration, holding, inter alia, that the arbitration provisions in the parties' agreement violated Massachusetts public policy prohibiting class-action waivers in arbitration contracts. The court observed that Massachusetts drew its choice-of-law principles from the Restatement Second of Conflict of Laws. Waithaka v. Amazon.com, Inc., 404 F.Supp.3d 335, 345. D.V.I.2019. Cit. generally in disc. and in ftn. Resident of the Virgin Islands brought premises-liability claims sounding in negligence and failure to warn against owners and managers of a hotel in St. Kitts, after she slipped and fell in a bathtub in defendants' hotel and was injured. This court granted summary judgment for defendants, holding that they did not owe plaintiff a duty of care under St. Kitts law, which applied under both the law of lex loci delicti set forth in the Restatement of Conflict of Laws and the most-significant-relationship test set forth in the Restatement Second of Conflict of Laws. The court noted that a prior statutory mandate requiring the courts of the Virgin Islands to apply the Restatements in the absence of local laws to the contrary had been superseded and altered, and that the courts of the COPYRIGHT ©2020 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.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most