Asian American Entertainment Corp. v. Las Vegas Sands, Inc.

MEMORANDUM **

Asian American Entertainment Corporation, Limited (“AAE”) appeals the district court’s judgment dismissing its complaint, which alleges breaches of director’s and joint-venturer’s fiduciary duties and breach of contract, as time-barred under Nevada’s statutes of limitations. AAE argues that the district court should have applied the statutes of limitations of Ma-cau, or in the alternative, that the district court applied the incorrect Nevada statute of limitations to the contract claim. We have jurisdiction, see 28 U.S.C. § 1291 ; reviewing de novo, see Simon v. Hartford Life, Inc., 546 F.3d 661, 663-64 (9th Cir. 2008), we affirm in part and reverse in part.

The district court correctly held that AAE’s claims are governed by Nevada’s statutes of limitations. “It is well-settled that in diversity cases federal courts must apply the choice-of-law rules of the forum state” — here, Nevada. Ledesma v. Jack Stewart Produce, Inc., 816 F.2d 482, 484 (9th Cir.1987). The relevant choice-of-law rule, as established by the Nevada Supreme Court, is the rule of lex fori: i.e., that “the Statute of Limitations of the forum [will] govern the remedy....” Wilcox v. Williams, 5 Nev.…