General Choice of Law Rules

Question 1

In a conflicts situation - how does the forum court decide which state’s choice of laws approach to use?

Answer 1

The forum state always applies its own choice of laws approach.

Question 2

What are the two limits on NY’s choice of laws approach?

Answer 2

1. Due Process - can’t apply laws of a state that the transaction has zero connection to, and the state has no interest in
2. Statutes: either federal or state that mandate what law should apply.

Question 3

What choice of laws approach must a federal court sitting in diversity take?

Answer 3

Whatever approach the state in which they are located takes. E.g. SDNY uses NY choice of laws approach.

Question 4

If a case has been transferred from one federal court to another - what choice of law approach applies?

Answer 4

The choice of law approach of the transferor state.

Question 5

Should you treat a state law as substantive or procedural if it conflicts with the FRCP and would have an effect on the outcome?

Answer 5

Substantive