Restatement (Second) Of Conflict Of Laws § 188

23 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Sturiano v. Martin Brooks Ad Litem of the Estate of Vito Sturiano
  523 So. 2d 1126· Fla.· 1988-03-24 ·cited 124×
  The Florida Supreme Court held that the doctrine of interspousal immunity does not bar a negligence action by a surviving spouse against her deceased husband's estate when no policy reasons for the doctrine exist, but affirmed that the lex loci contractus rule applies to automobi
• State Farm Mut. Auto. Ins. Co. v. Roach
  945 So. 2d 1160· Fla.· 2006-12-14 ·cited 62×
  Florida Supreme Court held that the public policy exception to the lex loci contractus rule applies only to permanent Florida residents, not temporary residents or seasonal visitors. The court reversed the Second DCA's decision extending the exception to out-of-state residents wh
• Melville v. Am. Home Assurance Co.
  584 F.2d 1306· 3d Cir.· 1978-10-05 ·cited 53×
  The court held that Pennsylvania's choice of law rules would extend its modern flexible conflicts methodology to contract actions, and under that analysis, Delaware law, not New York law, should govern the presumption against suicide in this insurance policy dispute.
• Havenfield Corp. v. H & R Block, Inc.
  509 F.2d 1263· 8th Cir.· 1975-01-30 ·cited 36×
  The court held that the district court did not err in refusing to apply the New York Statute of Frauds, in directing a verdict on liability, or in refusing to allow supplemental answers to interrogatories.
• Pulte Home Corp., Inc. v. Ply Gem Indus., Inc.
  804 F. Supp. 1471· M.D. Fla.· 1992-09-22 ·cited 15×
  The court found that factual disputes remained, precluding summary judgment on most issues, but denied summary judgment on punitive damages against the defendants. The court also found that Pulte had standing to sue.
• Tele-Save Merchandising Co. v. Consumers Distrib. Co., Ltd.
  814 F.2d 1120· 6th Cir.· 1987-04-01 ·cited 14×
  The court held that the Ohio Business Opportunity Plans Act did not apply because the parties' freely negotiated choice-of-law provision selecting New Jersey law was valid and did not violate a fundamental public policy of Ohio.
• Barnes Grp., Inc. v. C & C Prods., Inc.
  716 F.2d 1023· 4th Cir.· 1983-08-31 ·cited 14×
  The court held that Ohio's substantive law should apply to both the contract validity and tortious interference claims, disagreeing with the majority's application of Alabama and Louisiana law.
• Paulson v. Shapiro
  490 F.2d 1· 7th Cir.· 1973-12-04 ·cited 11×
  The court held that the plaintiff's actions did not constitute acting as a real estate broker within Wisconsin, the alleged oral contract was governed by Tennessee law, and the claim was not barred by the statute of limitations for personal services.
• Nichols v. Anderson
  788 F.2d 1140· 5th Cir.· 1986-05-05 ·cited 6×
  The court denied the petition for rehearing and clarified that the issue of liability limits is for the trial court to address on remand.
• Wiley Fallon v. Superior Chaircraft Corp.
  884 F.2d 229· 5th Cir.· 1989-09-26 ·cited 4×
  The court held that Louisiana law did not apply to the insurance policy dispute, and under Italian law, coverage was suspended due to non-payment of premiums, thus there was no basis for liability against the insurer.
• Instrumentation Assocs., Inc. v. Madsen Elecs. (Canada) Ltd.
  859 F.2d 4· 3d Cir.· 1988-09-29 ·cited 4×
  The court held that a forum selection clause is enforceable even if the choice of law provision within it is ambiguous, as long as the chosen forum is valid.
• Freeze v. Am. Home Prods. Corp.
  839 F.2d 415· 8th Cir.· 1988-02-10 ·cited 4×
  The court held that the district court correctly applied Iowa choice-of-law rules, enforcing the forfeiture provision of the incentive plan under New York law based on the parties' agreement.
• Palmer v. Beverly Enters.
  823 F.2d 1105· 7th Cir.· 1987-07-07 ·cited 4×
  The court must decide this case as it would be decided in Illinois, applying the Second Restatement's most-significant-contacts approach as the current day-to-day law.
• In re Parkwood v. Equitable Life Ins. Co.
  461 F.2d 158· D.C. Cir.· 1971-11-10 ·cited 4×
  The court held that the Loan Shark Act was not intended to cover these transactions and that Walker & Dunlop were exempt from its licensing requirements.
• Modern Computer Sys., Inc. v. Modern Banking Sys., Inc.
  858 F.2d 1339· 8th Cir.· 1988-10-14 ·cited 2×
  The court should have applied Nebraska law as per the parties' agreement, and affirmed the district court's denial of injunctive relief.
• United Servs. Auto. Ass'n v. Gillen
  280 So. 2d 52· Fla. 4th DCA· 1973-07-06 ·cited 2×
  USAA appeals a declaratory judgment holding that an "other insurance" clause in uninsured motorist coverage is void under Florida public policy. The court must determine whether the policy, issued in New Hampshire, is governed by New Hampshire law (which permits such clauses) or
• Moran v. Zoomcar India Private Ltd.
  Del. Super. Ct.· 2025-11-20
  Gregory Moran, founder of Zoomcar and its former CEO, sued to recover promised compensation and equity after his employment was terminated, alleging that controlling investors engaged in self-serving conduct and retaliated against his criticism by manufacturing pretextual grounds
• Jeehye Jung v. EL Tinieblo Int'l, Inc.
  Del. Ch.· 2022-10-31
  The Delaware Court of Chancery has subject matter jurisdiction over the plaintiff's claims, including those arising under New Hampshire law, as the New Hampshire LLC Act's venue provisions are unenforceable under the Full Faith and Credit Clause and the plaintiff's claims are tra
• In & for New Castle Cnty. Liggett Grp. Inc.
  Del. Super. Ct.· 2001-05-15
  The Delaware Superior Court held that North Carolina law governs the insurance coverage dispute, finding that North Carolina has the "most significant relationship" to the transactions and parties involved. The court determined that a global choice of law was appropriate for effi
• Vincente B. Chuidian v. Philippine Nat'l Bank
  976 F.2d 561· 9th Cir.· 1992-10-01
  The dissent argues that the place of payment, not issuance, should be considered the place of performance for a letter of credit, especially when performance is legal at the payment location.
• Nat'l Union Fire Ins. Co. v. Watts
  963 F.2d 148· 6th Cir.· 1992-05-06
  The court held that Florida law, having the most significant relationship to the insurance contract, governs the interpretation of the policy, and thus the district court properly granted summary judgment.
• B.J. Thomas v. Gusto Records, Inc.
  939 F.2d 395· 6th Cir.· 1991-07-29
  The court held that the district court properly considered industry custom to interpret ambiguous contract terms regarding royalties and that the defendants were liable for royalties incurred by prior owners of the master recordings.
• Nash v. Krivaja Beechbrook Corp. & Metro. Life Ins. Co.
  866 F.2d 1053· 8th Cir.· 1989-02-01
  The court affirmed the district court's grant of summary judgment, finding no ERISA violations and deferring to the district court's determination that Missouri insurance law did not apply.