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Chapter 6 Conflict of Laws in the Federal System;
1. Erie Railroad Co. v. Tompkins
i. Rule : Federal court sitting in diversity → apply federal procedural law &
state substantive law (what state’s law do we use if more than one state?
→ Klaxon Co. v. Stentor Electric Manufacturing Co. )
a. Hannah v. Plumer
ii. Rule : Service = procedure → procedural as long as no state right
modified abridged or enlarged → Compare if rule is for integrity/efficiency
of federal court enforcing rights (not modifying).
b. Semtek International Co. v. Lockheed Martin Corp.
i. Rule: Dismissal = not substantive if using state law for dismissal in
federal court vs. if using federal law for dismissal in federal court
2. Guarantee Trust Co. v. York & SOL rules
i. Rule : SOL are substantive when applying state law in federal court.
ii. Caveat: Sun Oil Co. v. Wortman
1. State can classify its SOL as procedural or substantive
a. If classified as substantive, then bound by constitutional
choice of law (only applies if substantive law applies)
b. If classified as procedural, then state can apply its own
SOL or the other states SOL (if constitutional to apply that
state’s law under conflicts principles) to control the
outcome of the case can apply either SOL
iii. Global Financial v. Triarc
1. Rule : I f applying states SOL rule, then must apply ALL related
procedural rules (tolling, borrowing, etc.)
3. Klaxon Co. v. Stentor Electric Manufacturing Co.
i. Rule: Apply choice of law rule of state where federal court is sitting unless
unconstitutional to apply substantive law that that state’s Choice of law
result says to
Chapter 4 Constitutional Limits on Choice of Law;
4. Int’l Shoe (PJ) & Home Insurance Co. v. Dick (Choice of Law) (Ch. 4).
i. Rule: minimum contacts to make const. to obtain jurisdiction & apply
choice of law (not shown in Dick )
1. Pretty much always met Allstate Insurance Co. v. Hague
2. Must have min. contacts for choice of law to be constitutional
3. Ex: UnconstitutionalDick’s Texas residency lacks significance
given that he lived and acted in Mexico. Nothing relating to the
making or performance of the original policy or contracts of
reinsurance had any connection to Texas. Nor did the defendants
invoke the assistance of the Texas judiciary or Texas law. It is a
violation of due process for a state to abolish the rights of a party
that has no connection to such state. For the foregoing reasons,
the judgment is reversed.
5. Sun Oil Co. Wortman
a. State can classify its SOL as procedural or substantive
i. If classified as substantive, then bound by choice of law (if constitutional)
and SOL only applies if substantive law applies.
ii. If classified as procedural, then state can apply its own SOL or the other
states SOL (if constitutional to apply that state’s law under conflicts
principles) to control the outcome of the case can apply either SOL.
b. Dissent Ledesma v. Jack Stewart Produce
i. Ordinarily states label their SOL as procedural rather than substantive.
When they do this, 2d Rest. analysis does NOT apply and comparative
impairment/interest weighing does NOT apply either.
c. Global Financial v. Triarc
i. Rule : I f applying states SOL rule, then must apply ALL related procedural
rules to SOL (tolling, borrowing, etc.).
Chapter 3 Modern Approaches to Choice of Law;
1. Is there a conflict?
a. False Conflict → pick state with real interest (no policy or interest of another state
in competition) Bernkrant v. Fowler
i. Apply original state's substantive law or the law of the only state that has
an true interest RENVOI concept in Pfau v. Trent Aluminum Co.
b. True Conflict → looks at the interests in question
i. Most significant contacts test Lilenthal v. Kaufman
ii. Center of Gravity Test Auten v. Auten
c. Unprovided for cases → looks at the harm to state’s policy/interest
i. Apply forum state law Hurtado v. Superior Court
1. Currie interpretation (if both states or neither have an interest)
2. “Tie goes to the forum”
ii. Comparative Impairment Test Berhard v. Harrah’s Club
1. Baxter Interpretation (apply state whose law will be most impaired)
2. What principles to apply to solve the conflict?
a. Restatement 2d Phillips v. General Motors 5 factor test
i. Every COL analysis under rest. 2d. must begin with § 6
1. Follow statute on conflicts if applicable AND produces
constitutional COL
2. If no statute, go to specific § that relates to [substantive area in
rest.] → for our purposes, §145 (torts); & 188 (Ks/no cl.) → If
forum cl. or COL cl., then go to §187 NOT § 6
a. Phillips v. GM Factors :
i. Needs of interstate system → by applying rest.,
respecting the needs of the interstate system
because most significant contacts considered to
determine substantive law and fairness promotes
harmonious relationships (§145 not needed for
THIS analysis)
ii. * Policies of interested states (bundled together
factors 2 & 3 of §6 cmt e §6 → these are most
important)*
1. Place of injury lex loci unless other state
has another strong interest OR significant
contacts → look at statute the cause of
action is brought under; why it's there; pol’y
would the relief sought in the case further
the pol’y?
a. Here, b/c neither sale or resident
was Kansas, Kansas law does not
apply b/c pol’y was sold in KN to KN
resident no conduct in state
b. Defenses to manufacturers but
against KN residents
2. Place of Conduct look to that state’s
COL rules to see if pol’y behind it is to
regulate conduct in its state or to push
responsibility/regulation on another state
a. In tort cases, manufacturer is
insignificant contact need more
3. Residence of Parties
a. Important to determine beneficiary of
law and pol’y behind law who are
we trying to protect with the law (in
state, out of state, business,
everyone?)
b. In order to protect residents,
focusing more on what is placed into
stream of commerce regardless
where it comes from
4. Where relationship (if any) between the
parties is centered in tort, it's very casual
relationship (onetime purchase) so person
harmed might not be involved in purchase
so there is no centering of the relationship
a. Casual relationship vs.
business/close dealing relationship
b. Stronger in contract than tort
iii. Justified Expectations of Parties
1. None here cf . Auten v. Auten
a. Expectations typically do not arise in
tort actions, but rather contract
iv. Basic policies underlying particular field of law
1. None here, applicable when policies are
similar but not the same (minor differences
in their laws → which law better furthers
policy)
2. Comparative Impairment Test Berhard v.
Harrah’s Club & Salavarria v. National Car
Rental System
v. Certainty, predictability, uniformity & ease of
administration
1. Applying place of injury OR domicile (at the
time of accident) will give definitive answer
→ apply whichever will give a more definite
answer on the facts
Chapter 7 Recognition of Judgments;
1. Durfee v. Duke
a. Full Faith and Credit Clause states that a state court MUST recognize a
judgement of another state court no matter the validity of the judgement. Once
the final rule is entered, they must give respect to it because of FFC.
b. Contra Fall v. Eastin
i. Judgements regarding the land of another state are only enforceable
insofar as the other state gives force and effect to them.
ii. See also Baker v. GM
1. Rule: A state court does not have to enforce land/property
judgements issued by another state.
2. Kalb v. Feuerstein
a. Rule : Federal proceedings (bankruptcy) supersede and preempt state
proceedings (foreclosure).
3. Fauntleroy v. Lum
a. FFC protects judgements, even if the judgement that was entered was wrong or
against the other states policies, because of both res judicata and FFC.
Chapter 9 Choosing Legal Regimes but not arbitration
Choice of Law for Contracts
1. If no choice of law clause or clause is invalid,
AND more than one state has an interest → §188
2. Respect Choice of Law Clause over all else if valid → §187
a. §187(1) → §187(3)
i. Apply law of state chosen by the parties for whatever issue stated;
Unless
ii. §187(2)(a)
1. State chosen has no relationship to the parties in the transaction
(usually doesn’t come up because one party typically belongs in
that state if they brought the action there);
Or
iii. §187(2)(b) → §187(3)
1. The law of the chosen state is contrary to a fundamental policy of
another state with a materially greater interest than the chosen
state (really strong, important policy AND great interest);
AND
2. The new state would be the applicable law under §188 (applying
law would otherwise be proper under §188);
Then
iv. §187(3)
1. Apply the substantive law of the valid state according to §188
a. §188 → most significant relationship (place of K,
negotiation, and/or performance, location of subject matter
of K, and/or domicile, nationality, PPB, etc. like in sec. §6).
b. §187(3)
i. Go to the substantive law of the chosen state under these rules NOT
choice of law of state (because already resolved which state’s law should
apply).
c. Nedlloyd Lines B.V. v. Superior Court of San Mateo County Seawinds Ltd. &
Banek v. Yogurt Ventures USA & Cook Sign Co. v. Combs how these
Restatement conflict of laws contract principles apply.
d. Federal Policy favoring forum selection/choice of law clauses → should be valid
and controlling absent a strong showing that they should be set aside Carnival
Cruise Lines, Inc. v. Shute & The Bremen v. Zapata OffShore Co .
e. Wong v. PartyGaming Ltd.
i. Rock of Gibraltar → forum selection/COL for Gibraltar is valid because it
is not inconvenient (location and politics, there was no fraud, and there is
no loss of a legal right (courts can handle without disparity to the plaintiff).
Transfer fit into sections above
1. Van Dusen v. Barrack apply the choice of law rule of the original forum where
transferred from if the defendant transfers
2. Ferens v. John Deere apply the choice of law rule of the original forum where
transferred from if any party (plaintiff or defendant) transfers
3. Atlantic Marine Construction Co. v. United States District Court apply choice of law
rules of forum designated by the forum selection clause (as long as the clause is valid)
a. Watch for choice of law as opposed to choice of forum (because then the
designated forum might have different choice of law rules)
Renvoi If conflict rule says to apply a certain state's law, then apply that state's substantive
law NOT their conflict law. This comes up mainly when there is a false conflict and only one
state really has an interest so it bounces to state with the true interest and you apply that state's
substantive law Pfau v. Trent Aluminum Co.