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Case Citations [i] (Spring 2026)

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                             THE AMERICAN


                               LAW INSTITUTE



                                      Spring 2026 Citations



                        CONFLICT OF LAWS 2D



Generally

D.Mass.2024. Cit. generally in disc. Student filed a class action for false advertising against for-profit
medical school that was located in the Dutch Caribbean and headquartered in Massachusetts, alleging
that school deceptively claimed that its students had a near-100% pass rate on their medical-licensing
exams. After tentatively granting plaintiffs' motion for class certification, this court decertified the class,
holding student failed to demonstrate that questions of law or fact common to all class members
predominated over questions affecting only individual members, because a choice-of-law analysis under
the Restatement Second of Conflict of Laws showed that the laws of the class members' states, rather
than Massachusetts consumer protection laws, applied to their false-advertisement claims. The court
noted that it was explicitly guided by the Restatement when conducting choice-of-law analyses in
consumer-fraud cases. Ortiz v. Saba University School of Medicine, 348 F.R.D. 4, 14, 15.

D.Mass.2024.  Cit. generally in case cit. in sup. Massachusetts owners of an online trade publication that
published critical coverage of California e-commerce company filed multiple tort claims against e-
commerce  company  arising out of its campaign to silence owners through harassment, stalking, and
threats, seeking punitive damages under California law. This court denied in part company's partial
motion for summary judgment  on the issue of whether owners' claims were governed by Massachusetts
law, which did not favor the award of punitive damages, holding that, under Massachusetts' choice-of-
law rules, the court had to identify whether Massachusetts or California had the most-significant
relationship to the wrongful conduct on a tort-by-tort basis for each punitive-damages claim. The court
noted that it primarily relied on the Restatement Second of Conflict of Laws to determine which state
had the most-significant relationship to a transaction for choice-of-law purposes. Steiner v. eBay, Inc.,
755 F.Supp.3d 101, 107.

D.Nev.2025. Cit. in case cit. generally in disc. Ohio purchaser of tickets to a music festival in Nebraska
filed a class action against operator of the festival and against ticket vendor, alleging that operator's
employees caused a stampede at the festival and then failed to issue refunds to purchasers for the tickets.
This court granted defendants' motion to compel arbitration, holding that, under Nevada law, plaintiff
agreed to the arbitration provisions contained on the website through which plaintiff purchased the
tickets from vendor. In analyzing choice-of-law issues to determine that Nevada was the state with the
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          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.