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Case Citations [1] (April 2022 - August 2022)

handle is hein.ali/resctlw0161 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE CONFLICT OF LAWS 2D Generally D.D.C.2021. Cit. generally in disc. After obtaining judgment in its favor in a breach-of-contract dispute against the Republic of Iraq, which was brought under the Foreign Sovereign Immunities Act, defense contractor requested enhanced attorney's fees pursuant to the arms-refurbishing agreement entered into between the parties. This court granted plaintiff's request for attorney's fees, holding, inter alia, that the fee-shifting provision in the parties' refurbishing agreement was enforceable under Iraq. The court noted that the District of Columbia Circuit had applied the choice-of-law doctrine of the forum state in cases involving the Act, and the District of Columbia relied on principles set forth in the Restatement Second of Conflict of Laws in resolving choice-of-law issues. Wye Oak Technology, Inc. v. Republic of Iraq, 557 F.Supp.3d 65, 75. D.P.R2021. Cit. generally in case quot. in sup. Former employee of reinsurance brokerage firm, who resigned to pursue a position with a rival firm, filed a declaratory-judgment action against former employer, seeking, among other things, to invalidate the two-year non-solicitation provision contained in the parties' employment agreement. This court denied employee's motion for a preliminary injunction, holding that the agreement contained a Florida choice-of-law clause that was valid under Restatement Second of Conflict of Laws § 187, and that the clause was valid under Florida law. In making its decision, the court noted that Puerto Rico law followed the Restatement Second of Conflict of Laws in contract and tort cases. Phillips v. Willis Re Inc., 534 F.Supp.3d 187, 193. N.D.Tex.2021. Cit. generally in disc. Employees who worked as salespeople for high-speed data provider that served commercial and residential customers brought an action for breach of contract against employer after it unilaterally reduced their commissions by 75% in connection with a historically large deal that they had closed for employer. This court denied the parties' cross-motions for summary judgment, holding that there was a genuine issue of material fact as to whether circumstances warranted the commission reduction and thus whether employer breached the contract under Texas law. The court noted that, while the contract contained a Missouri choice-of-law provision, the parties agreed that there was no conflict because the outcome was the same regardless of whether the law of Texas or Missouri applied, and thus it was not necessary to conduct a choice-of-law analysis under Texas choice-of-law rules, which followed the Restatement Second of Conflict of Laws. Pickle v. Universal Cable Holdings, Inc., 534 F.Supp.3d 663, 671. N.D.Tex.2020. Cit. generally in disc. Texas franchisor sued Michigan franchisees, alleging, inter alia, that defendants violated the parties' franchise agreement by performing work for plaintiff's competitor. This court granted plaintiff's motion to dismiss and denied defendants' motion for reconsideration, holding that defendants' counterclaims under Michigan state law were barred, because, in accordance COPYRIGHT C2022 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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