Michigan Choice of Law- Torts

Question 1

Michigan Approach

Answer 1

Apply Michigan law unless a rational reason exists for applying another state’s law. In determining whether a reason exists to apply another state’s law, Michigan courts conduct a form of government interest analysis: apply Michigan law unless another state has an interest that supersedes Michigan’s interest.

Question 2

Sutherland Test

Answer 2

Michigan courts should apply Michigan law unless another state has a greater interest in having its law applied.

Question 3

Determining if another state has an interest consider:

Answer 3

1) Would application of the other state’s law to the case at hand further the policies underlying that law?
2) Would application of the other law be constitutional?
3) Would the other state apply its own law to the case at hand?