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Case Citations [i] (2015)

handle is hein.ali/reconlw0149 and id is 1 raw text is: 





                             CONFLICT OF LAWS





                                         INTRODUCTION

  E.D.Pa.2015. Intro. quot. in case quot. in ftn. Employee filed a putative class action for, inter alia,
  restitution against employer whose laptops were stolen by another employee, alleging that defendant
  breached its implied contract with plaintiff and was unjustly enriched by the savings in costs that it
  should have reasonably expended to protect plaintiff's and other current and former employees' personal
  identification information contained on the laptops. This court denied in part defendant's motion to
  dismiss, holding that plaintiff stated a claim for restitution, even though it was a contractual setting,
  because plaintiff alleged that defendant engaged in an opportunistic breach of contract and plaintiff did
  not attempt to rewrite the terms of the agreement. The court cited precedent that, quoting the
  Introductory Note to the Restatement of Conflict of Laws, stated that the intent of the Restatements was
  to present an orderly statement of the general common law. Enslin v. The Coca-Cola Company, 136
  F.Supp.3d 654, 678.



                                      CHAPTER 9. WRONGS

                                          TOPIC   1. TORTS

  § 377. The Place of Wrong

  D.Md.2015.  Quot. in case quot. in sup. Family of U.S. citizen who was a victim of a terrorist attack at a
  hotel in Pakistan brought a wrongful-death claim in federal district court in Maryland against Maryland-
  based franchisor of the Pakistani hotel, alleging that defendant was negligent in the creation and
  coordination of a security plan for the hotel. This court granted summary judgment in favor of
  defendant, holding, among other things, that in a diversity case like this, it should apply the conflict-of-
  laws rule of Maryland, which provided that the principle of lex loci delecti applied for all tort claims.
  Citing Restatement of Conflict of Laws § 377, the court stated that, here, although the place where the
  victim was harmed was Pakistan, and the law of Pakistan would thus appear to apply, the question of
  what law to apply did not need to be decided here because, under the laws of both Maryland and
  Pakistan, defendant did not exert sufficient control over the operations of the Pakistani hotel. DiFederico
  v. Marriott Intern., Inc., 130 F.Supp.3d 986, 990.












T A L Ime    For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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