Conflict of Laws

Question 1

whether service by e-mail is an authorized method of service and a constitutional method of notice

Answer 1

Federal Rule 4 permits the court to authorize alternative methods of service in appropriate cases. Under Rule 4, service on a foreign corporation may be made (i) in accordance with international treaty; if there is no treaty, service on a corporation may be made: (ii) in accordance with the foreign country’s laws, (iii) as the foreign authority directs in response to a letter request for guidance, (iv) by having the clerk mail process to the defendant, with a signed receipt requested; or, most importantly, (v) by any other means not prohibited by international agreement as the court may order. Thus, service by e-mail would be consistent with the Federal Rules, assuming the court orders it.

Question 2

Notice

Answer 2

Federal Rule 4 also specifically requires that the method of service ordered by the court be reasonably calculated to provide the defendant with notice of the action.

Question 3

What law does the federal district court in a diversity case apply?

Answer 3

the conflict of laws rules of the state in which it sits.

Question 4

“most significant relationship” approach of the Second Restatement

Answer 4

identify the state with the most significant relationship to the issue at hand and then apply that state’s law. The court will look at the specific contacts with each jurisdiction and evaluate their relative importance. The court will also consider policy principles, such as the needs of the interstate or international system, the relevant policies of the forum and other interested jurisdictions, whether the application of a specific law will further its basic policies, and whether application of a particular law will aid certainty, predictability, and uniformity of results. In determining which state has the most significant relationship to both the occurrence and the parties, the court in tort cases like this one will take these specific contacts into account: the place of the injury; the place where the conduct causing the injury occurred; the domicile, residence, nationality, place of incorporation, and place of business of the parties; and the place where the relationship, if any, between the parties is centered.

Question 5

What are the requirements for full faith and credit?

Answer 5

(1) jurisdiction - rendering state must have jurisdiction over the parties and the subject matter
(2) merits - judgment entered by the rendering state must have been on the merits (judgments NOT on the merits: lack of jx, misjoinder, improper venue, failure to state a claim (sometimes))
(3) finality - judgment entered by the rendering court must be final judgment (judgment on appeal in a rendering jx is not final)

evaluated using the law of the rendering state

Question 6

Valid defenses to full faith and credit?

Answer 6

(1) penal judgments

(2) extrinsic fraud - fraud that couldn’t be corrected during the regular course of proceedings leading to the judgment

Question 7

Invalid defenses to full faith and credit

Answer 7

(1) public policy

(2) mistakes - they should have been challenged through an appeal in the rendering state