Life Insurance Co. of Southwest v. Brister

1 Citing brief

  1. Brazil et al v. Dell Inc.

    Opposition to 48 Dell Inc.'s Motion for Order Dismissing the First Amended Complaint with Prejudice and Striking Some or All of Plaintiffs' Class Action Allegations

    Filed October 12, 2007

    The Court should reject Dell’s choice-of-law provision because “the interests of the forum state are ‘materially greater’ than those of the chosen state, and the forum state’s 7 Richardson relies on Southwestern Refining Co. v. Bernal, 22 S.W.3d 425, 435 (Tex. 2000). In Bernal, the Texas Supreme Court overruled another case, Life Ins. Co. of the Southwest v. Brister, 722 S.W.2d 764, 774 (Tex. App. 1986), that had cited California law on reliance with approval. Thus, Texas federal and state courts have plainly rejected long-established the California law of reliance, and the 2006 case provides the most recent ruling from Texas courts on reliance.