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Case Citations [1] (Spring 2025)

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                             THE AMERICAN


                               LAW INSTITUTE



                                      Spring 2025 Citations



                        CONFLICT OF LAWS 2D



Generally

C.A.1, 2024. Cit. generally in sup. New York resident and company that he co-founded sued Maine
news outlet and its reporter for publishing an article that allegedly contained defamatory statements
about resident. After the district court granted defendants' motion to dismiss under New York's anti-
SLAPP   statute, this court affirmed on First Amendment grounds. On remand, the district court denied
defendants' request for attorneys' fees under the New York statute, finding that Maine law governed the
issue of attorney's fees under the Restatement Second of Conflict of Laws. This court certified to the
Supreme  Judicial Court of Maine the question of which state's law applied, explaining that there was no
clear controlling precedent and that the choice-of-law analysis was determinative of the attorneys' fees
issue. Cheng v. Neumann, 106 F.4th 19, 24.

C.A.2, 2024. Adopted in case cit. in sup. German investor in residential mortgage-backed securities
(RMBS)   certificates sued trustee of the trusts that issued the certificates, after the subprime mortgage
market collapsed and the value of the certificates plummeted. The district court granted in part trustee's
motion for summary judgment, finding that investor lacked standing under New York with respect to
certain certificates it had previously sold to third parties. This court affirmed in part, holding that, under
Ohio's choice-of-law rules and the Restatement Second of Conflict of Laws, New York law governed
investor's right to bring claims based on the sold certificates, because New York had the most
significant relationship to those claims. The court pointed out that New York was where the certificates
were sold, where the contracts and offering documents specified that the certificates were to be held, and
where most of the third-party purchasers had their principal places of business. Commerzbank AG v.
U.S. Bank, N.A., 100 F.4th 362, 384.

D.Ariz.2024. Cit. generally in case cit. in sup. Arizona dentist filed a claim for breach of contract
against dental partnership organization, alleging that it failed to compensate him pursuant to the parties'
introducer agreement, which organization had terminated on the grounds that dentist was not a
registered broker in Arizona. This court granted organization's motion forjudgment on the pleadings,
holding that the agreement's choice-of-law provision selecting Florida law was invalid and that Arizona
law applied to dentist's claims under Arizona choice-of-law rules, which had adopted the Restatement
Second of Conflict of Laws. Kode v. United Dental Corporation, 710 F.Supp.3d 682, 686.

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