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Civil Procedure Keyed to Cross
Ex Parte U.S. National Bank Assoc.
Citation:
148 So.3d 1060 (Al. 2014)Facts
Sterne Agee (Plaintiff), a Delaware corporation with headquarters in Alabama, sued U.S. National Bank Association (Defendant) for malicious prosecution in Alabama. This lawsuit was brought after Defendant sued Plaintiff and others in Washington for violations of the Washington State Securities Act. Judgment was entered in favor of Plaintiff in the previous suit. In the present suit, Defendant filed a motion to dismiss, arguing that under lex loci delicti Washington law applied and Plaintiff had not stated a sufficient claim for relief under the Washington standard. Plaintiff argued against this motion, stating that under lex loci delicti Alabama law applied because financial harm was felt by the Plaintiff’s headquarters in Alabama.
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