Limits on Choice of Law

Question 1

Due Process Clause

Answer 1

Forum state may apply own law if it has sufficiently significant and substantial contact with the parties and transaction in question

Question 2

Full Faith and Credit Clause

Answer 2

Applies to judgements and public acts

1. Workers compensation: may apply either law if law chose is supported by substantial factual contacts with the case
2. Obligation to provide forum in wrongful death case
3. Sovereign immunity stattues or

Question 3

Conclusion re: DPC and FFC

Answer 3

If forum states has
1. signficant contacts with parties or SM
2. Legitimate interest in regulating outcome of litigation

then not constitutionally bound to apply other state’s law

Question 4

Statutory Limitations

Answer 4

1. Borrowing statutes
2. Choice of law re: UCC
3. Supremacy clause/preemption