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Case Citations [i] (Fall 2025)

handle is hein.ali/resctlw0167 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2025 Citations CONFLICT OF LAWS 2D Generally C.A.9, 2024. Cit. generally in sup. Swiss transferor of a California property sued, among others, Nevada transferee and its principal for unjust enrichment, breach of fiduciary duty, constructive fraud, and civil conspiracy, alleging that transferee failed to pay for the property. After a bench trial, the district court entered judgment for transferor on its unjust-enrichment claim and concluded that all other claims were barred by the applicable statute of limitations. This court affirmed, holding that the trial court did not err in finding that transferor's unjust-enrichment claim was governed by Nevada's four-year statute of limitations under Restatement Second of Conflict of Laws § 221. The court noted that the Nevada Supreme Court had endorsed looking to the Restatement Second of Conflict of Laws and applying the most specific, applicable section to the questions oftort and contract law, and that § 221 governed claims involving restitution and unjust enrichment. Casun Invest, A.G. v. Ponder, 119 F.4th 637, 642, 645. D.Conn.Bkrtcy.Ct.2024. Cit. generally in case cit. in sup. Trustee for Chapter 11 debtor filed an adversary proceeding against debtor's daughter, seeking a declaration that an aircraft that was indirectly owned by daughter was the property ofdebtor's bankruptcy estate because it was beneficially owned by debtor when he filed the bankruptcy petition, and that the proceeds from the post-petition sale of the aircraft were the property of the bankruptcy estate that had to be turned over to trustee. This court granted in part trustee's motion for summary judgment, holding that, under New York law, debtor had an equitable interest in the aircraft at the time he filed his petition and thus, the aircraft and the proceeds from the sale of the aircraft were property of the estate. The court reasoned, in part, that New York law applied as the law of the state with the most-significant relationship to the aircraft under the Restatement Second of Conflict of Laws, because daughter resided in New York and debtor maintained a residence there until his arrest. In re Kwok, 663 B.R. 151, 169. D.Mass.2024. Cit. generally in sup. New York-based assignee of a mortgage and note on a Massachusetts property sued Massachusetts-based borrowers, alleging that they defaulted on the mortgage. This court granted assignee's motion for summary judgment, holding that, despite the Ohio choice-of-law provision in the note and the incorporation of that provision in the mortgage, Massachusetts conflict-of-law principles and Restatement Second of Conflict of Laws § 187 compelled COPYRIGHT C2025 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.