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Case Citations [1] (July 2020 - April 2021)

handle is hein.ali/resctlw0158 and id is 1 raw text is: CONFLICT OF LAWS 2D Generally C.A.1, 2020. Cit. generally in disc. Ex-wife brought an action under the Connecticut Uniform Fraudulent Transfer Act against deceased ex-husband's alma mater, alleging that ex-husband transferred substantial assets to defendant in order to improperly evade his obligation to convey those assets to plaintiff pursuant to their divorce settlement. The district court granted defendant's motion to dismiss, finding, among other things, that plaintiff did not qualify as a creditor under Massachusetts law. This court reversed and remanded, holding, inter alia, that the district court erred in applying Massachusetts law at this stage of the litigation. The court noted that Massachusetts looked to the Restatement Second of Conflict of Laws as a source of guidance for resolving choice-of-law disputes. Foisie v. Worcester Polytechnic Institute, 967 F.3d 27, 41. C.A.7, 2020. Cit. generally in disc. Insured employee, who resided in Washington and whose employer resided in D.C., filed a putative class action for claims under D.C. law for breach of contract, fraud, and violation of consumer-protection laws against insurer, alleging that defendant violated the terms of the parties' insurance policy and the statements in defendant's marketing materials by substantially raising premium rates only for individual insureds residing in Washington. The district court granted defendant's motion to dismiss. This court reversed and remanded, holding, inter alia, that the parties and the district court failed to satisfactorily discuss the choice-of-law issues. The court noted that Illinois generally followed the Restatement Second of Conflict of Laws in determining choice-of-law issues. Gunn v. Continental Casualty Company, 968 F.3d 802, 808. E.D.Cal.2020. Cit. generally in sup. California purchasers of a recreational vehicle purchased and delivered in Iowa brought, among other things, claims under the Magnuson-Moss Warranty Act against Iowa manufacturer, alleging that defendant failed to repair the vehicle's extensive and ongoing defects in its California repair facilities, and seeking a court order to establish the controlling law of the case with respect to available remedies under the Act. This court granted in part plaintiffs' motion to establish the controlling law, holding that California law controlled the remedies available for plaintiffs' claims under the Act. The court observed that plaintiffs called upon the court to apply the standard choice-of-law tests set forth in the Restatement Second of Conflict of Laws to determine which state's laws to apply, and explained that, under § 188, the facts and circumstances of the case weighed towards applying California law to plaintiffs' remedies under the Act. Scott v. Jayco Inc., 443 F.Supp.3d 1143, 1146, 1147. D.Mass.2020. Cit. generally in sup. Lessor of a commercial property in Connecticut sued lessee that operated a franchise on the premises, alleging breach of contract, tortious interference with contract, and breach of fiduciary duty after defendant vacated the premises and began operating the franchise on a property that it purchased nearby. This court granted in part and denied in part the parties' cross-motions for summary judgment, holding, among other things, that plaintiff's claims were governed by Connecticut law. The court noted that, in analyzing choice of law for both contract and tort claims, Massachusetts courts looked to the Restatement Second of Conflict of Laws as an obvious source of guidance. Jenny B. Realty, LLC v. Danielson, LLC, 456 F.Supp.3d 307, 314. COPYRIGHT ©2021 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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