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Case Citations [1] (Fall 2024)

handle is hein.ali/resctlw0165 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2024 Citations CONFLICT OF LAWS 2D Generally C.A.9, 2023. Cit. generally in sup. Victims of a collision that occurred on a U.S. highway that was open to the public and maintained by the State of Arizona under a federally granted right-of-way over Navajo Nation land filed personal-injury and wrongful-death claims under Arizona and Navajo law against, among others, owner of the charter bus that allegedly caused the collision. After concluding that Arizona law applied to the accident, the district court dismissed all claims based on Navajo law and entered judgment on ajury verdict in favor of defendants on the remaining claims under Arizona law. Affirming, this court held, among other things, that, under Arizona's choice-of-law rules, which followed the most-significant-relationship test set forth in the Restatement Second of Conflict of Laws, the law of Arizona applied, because the accident occurred within Arizona's jurisdiction and there were acknowledged uncertainties as to how Navajo law would apply to the claims. Jensen v. EXC, Inc., 82 F.4th 835, 853-854. D.Nev.2023. Cit. in sup. Attorneys who resided in California and Nevada sued former clients, who resided and did business in Nevada, seeking to recover fees under three contingency-fee agreements; clients counterclaimed seeking a declaratory judgment as to the validity of the agreements and the amounts of money owed under the agreements. This court denied attorneys' motion to dismiss clients' counterclaims under California law. The court explained that it relied on Restatement Second of Conflict of Laws in analyzing choice-of-law issues, under which California had the most significant relationship to the counterclaims, given that the agreements were all executed and mostly performed in California, one attorney resided in California, and one of the agreements provided that sections of the California code governed disputes over fees charged for the services performed. Flynn v. Love, 653 F.Supp.3d 823, 827. D.N.J.2023. Cit. generally in case quot. in ftn. California citizen sued Pennsylvania citizen pursuant to a New Jersey statute that extended the statute of limitations for injuries resulting from sexual offenses, alleging that defendant sexually assaulted her more than three decades earlier in New Jersey. This court denied defendant's motion to dismiss, holding, inter alia, that the statute was not unconstitutional. The court noted that, although the parties did not address whether the law of California, Pennsylvania, or New Jersey applied, even assuming a conflict existed due to the revived statute of limitations available 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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