Conflict of Laws: Choice of Law

Question 1

What will the Bar exam Fact Pattern Look Like?

Answer 1

It will involve litigation having factual contacts with more than one state

ii. Question: Which state’s law governs?
iii. Answer: It will be the law chosen by the forum state using its choice of law approach

Question 2

Federal Courts/Diversity Cases

Answer 2

RULE: If the forum is federal district court sitting in diversity jurisdiction, the court will apply the choice of law approach of the state in which it is located

Question 3

P files a diversity case (with a conflicts issue) in Federal District Court for Northern District of Illinois. What choice of law approach will the federal court apply?

Answer 3

The Illinois approach

Question 4

P files a diversity case (with a conflicts issue) in Federal District Court for Northern District of Illinois. The case is then transferred under 28 USC 1404 to the Eastern District of Michigan. What choice of law approach will the federal court in Michigan Apply?

Answer 4

The Illinois approach