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Case Citations [1] (Fall 2023)

handle is hein.ali/resctlw0163 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2023 Citations CONFLICT OF LAWS 2D Generally N.D.Cal.2022. Cit. generally in sup. In a putative antitrust action between plaintiffs and energy companies over anti-competitive activities in the gas market, the parties filed a motion to compel third- party price-reporting agency to comply with document and deposition subpoenas. This court granted the parties' motion to compel, holding, inter alia, that Maryland reporter's shield laws did not protect price- reporting agency. The court explained that it looked to the most significant relationship test set forth in the Restatement Second of Conflict of Laws, and determined that application of California's reporter's shield law was inappropriate, because price-reporting agency was headquartered in Maryland, price- reporting agency did not have a physical presence in California at the time the communications were made, and the fact that the communications discussed gas prices in California did not demonstrate that California had the greater interest in the parties and the issue. Bogard Construction, Inc. v. Oil Price Information Service, LLC, 604 F.Supp.3d 895, 901. S.D.Fla.2022. Cit. generally in cases cit. in sup. Nationwide patients brought a putative class action against healthcare providers, alleging that defendants acted negligently and breached the parties' implied contracts by failing to properly secure plaintiffs' confidential information from a data breach. This court granted in part and denied in part defendants' motion to dismiss, holding that, under Florida law, plaintiffs failed to state a claim for negligence and breach of contract. Citing the Restatement Second of Conflict of Laws, the court observed that it applied Florida law to certain plaintiffs' negligence claims, because, while plaintiffs' confidential information was stored on cloud databases with no specific location, Florida was where defendants' security protocols broke down; furthermore, Florida law applied to the contract claims of those plaintiffs, because Florida was where defendants' employees kept and interfaced with plaintiffs' information. In re Mednax Services, Inc., Customer Data Security Breach Litigation, 603 F.Supp.3d 1183, 1198, 1200. S.D.Iowa, 2022. Cit. generally in sup. Owner of universal life insurance policies filed a class action against insurer, alleging that it breached a policy provision specifying that cost of insurance deductions from policy accounts would be calculated based on expectations as to future mortality, by failing to reduce the deductions over the span of three decades despite an improvement in the mortality rate during that time period. This court granted buyer's motion for class certification, holding that common questions and common answers predominated, even though, under Iowa choice-of-law rules and the Restatement Second of Conflict of Laws, the law of the state where the policyholder was domiciled applied as the state with the most significant relationship to the transaction and the parties. The court noted that the Iowa Supreme Court regularly relied on the Restatement Second of Conflict of COPYRIGHT (2023 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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