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Case Citations [i] (Spring 2026)

handle is hein.ali/reconlw0166 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2026 Citations CONFLICT OF LAWS Generally D.N.M.2024. Cit. generally in cases cit. and quot. in disc. Subcontractor sued contractor and insurer that issued contractor a payment bond for a construction project at a national cemetery in New Mexico, alleging that defendants violated the Miller Act by failing to pay plaintiff for its work on the project. This court denied defendants' motion for partial summary judgment as to whether the Montana choice- of-law clause contained in the subcontract was enforceable, holding that, under New Mexico choice-of- law rules, it had to apply the New Mexico Construction Choice-of-Law Statute before conducting a choice-of-law analysis under the Restatement Second of Conflict of Laws, and that, prior to conducting such an analysis, it had to determine whether the cemetery was subject to exclusive federal jurisdiction. The court noted that New Mexico generally followed the Restatement of Conflict of Laws when analyzing choice-of-law issues. United States for use and benefit of a Mountain Construction, Inc. v. CHP Solutions, LLC, 753 F.Supp.3d 1240, 1246, 1247. Kan.2025. Cit. generally in disc. In a probate dispute between testator's daughter and daughter-in-law, the trial court entered an order finding that daughter-in-law's confession of judgment pursuant to an underlying settlement of testator's fraud claims against her in a Nebraska court did not offset daughter- in-law's distributive share of testator's estate, because the collection of that debt was barred under a Nebraska statute. This court reversed and remanded, holding that daughter-in-law's share of testator's estate had to be reduced by her debt to testator's estate pursuant to the confession of judgment under Kansas procedural law. The court noted that, while Kansas courts generally followed the Restatement First of Conflict of Laws when analyzing conflict-of-law issues, and Nebraska generally followed the Restatement Second of Conflict of Laws, both Restatements required the same initial distinction between substantive or procedural issues. Matter of Estate of Mueller, 571 P.3d 61, 69. CHAPTER 7. PROPERTY TOPIC 3. MOVABLES TITLE F. SUCCESSION ON DEATH COPYRIGHT C2026 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.