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Case Citations [1] (Fall 2024)

handle is hein.ali/reconlw0163 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2024 Citations CONFLICT OF LAWS Generally Kan.App.2023. Cit. generally in sup. After obtaining a Missouri judgment against debtor, who resided with his wife in Missouri, creditor registered the judgment in Kansas and garnished the entire balance of a bank account that debtor owned with his wife as tenants by the entirety. The trial court denied debtor and wife's motion to quash the garnishment order and issued an order requiring creditor to repay half of the balance of the bank account to wife. This court affirmed, holding that, under Kansas law, debtor and wife's interest in the account was a joint tenancy, and only debtor's half of the account was subject to garnishment. The court noted that it followed the Restatement First of Conflict of Laws when addressing conflict-of-law issues, and explained that, under the Restatement and Kansas choice-of-law rules, Kansas law applied. M & I Marshall & Ilsley Bank v. Higdon, 536 P.3d 898, 906. CHAPTER 2. DOMICIL TOPIC 3. ACQUISITION AND CHANGE OF DOMICIL § 15. Domicil of Choice C.A.5, 2023. Cit. in sup. Insured organizer of a festival that was cancelled by city on account of a pandemic sued insurer for failing to defend it against an underlying class action brought by would-be festival goers seeking a refund of their ticket purchases. The district court granted insurer's motion for summary judgment. This court remanded, holding that insured and insurer failed to present sufficient evidence of the court's subject-matter jurisdiction. The court explained that, for diversity jurisdiction, the court looked to citizenship at the time the complaint was filed, and that, while insured alleged the company's principal place of business, it failed to allege the citizenship of all of its members, as required to determine the citizenship of a limited-liability company. The court cited Restatement First of Conflict of Laws § 15 in noting that, for natural persons, citizenship for purposes of diversity jurisdiction was determined by domicile, and that, for limited-liability companies, citizenship was determined by the citizenship of all of its members. SXSW, L.L.C. v. Federal Insurance Company, 83 F.4th 405, 407. COPYRIGHT (02024 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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