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Case Citations [1] (Spring 2024)

handle is hein.ali/resctlw0164 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2024 Citations CONFLICT OF LAWS 2D Generally C.A.8, 2023. Cit. generally in sup. Parents of Iowa passenger who died of injuries sustained while riding in a bus that crashed due to the bus driver's negligence in British Columbia, Canada, sued their automobile insurer, after it rejected their uninsured/underinsured (UM/UIM) claim for non-economic damages arising from the accident. The district court granted summary judgment for insurer, finding that the policy prevented parents from recovering non-economic damages, because they could not recover such damages from the driver or bus company under British Columbia law. This court affirmed, holding that the district court correctly applied British Columbia law, because British Columbia was the only court with personal jurisdiction over the driver and company. The court explained that it was immaterial whether Iowa had adopted the conflict-of-laws principles set forth in the Restatement Second of Conflict of Laws and whether Iowa law applied under those principles, because the Restatement did not apply in the absence of a conflict of laws. Geerdes v. West Bend Mutual Insurance Company, 70 F.4th 1125, 1128. N.D.Ala.2022. Cit. in case cit. generally in disc. (general cite). Illinois students filed suit in Illinois federal district court against Alabama remote-proctoring services business, alleging that defendant violated Illinois biometric-information statutes by collecting and using plaintiffs' biometrics while they took online examinations without publishing data retention and deletion policies. After removal, this court granted defendant's motion to dismiss, holding that Alabama law applied to the parties' claims such plaintiffs' Illinois statutory claims failed, because the forum-selection clause contained in defendant's terms of service was enforceable. The court pointed out that state caselaw did not clearly adopt the balancing analysis set forth in the Restatement Second of Conflict of Laws that could permit application of Illinois law, and illustrated this by citing caselaw that expressly favored the lex-loci rule set forth by Restatement of Conflict of Laws § 378 and rejected approaches set forth by the Second Restatement. Thakkar v. ProctorU, Inc. 642 F.Supp.3d 1304, 1320. N.D.Cal.2022. Cit. in disc. Chapter 7 trustee for debtor who had executed a promissory note secured by a deed of trust to refinance a loan on a ranch he had purchased in California brought an adversary proceeding against lender, alleging, among other things, that certain provisions in the deed of trust that were triggered by default were unlawful under California law. The bankruptcy court granted in part COPYRIGHT (2024 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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