NY Choice of Laws Approach: TORTS

Question 1

What determines the approach under the Neumeier test?

Answer 1

The domicile of the parties.

Question 2

If the domicile of the parties is common, what law governs?

Answer 2

The law of the state where all parties share the same domicile.

Question 3

If the parties are domiciled in different states, what law governs?

Answer 3

Default rule = the place of injury

However - if that place has no interest in the outcome, the state with a legitimate interest in the outcome applies.

Question 4

What happens when the parties are domiciled in different states, the place of injury does not have a legitimate interest in the outcome, but more than 1 state does have a legitimate interest?

Answer 4

If the forum state has a legitimate interest, it will apply its own laws.

Question 5

What standard is used to decide what laws apply in a case involving torts with a loss-distribution rule?

Answer 5

Neumeier

Question 6

Wrongful death acts, medical malpractice awards, damage caps, guest statues, tort immunities, and statues creating or eliminating vicarious liability are all examples of:

Answer 6

Loss distribution rules

Question 7

What are the three basic categories of loss distribution rules (where you apply Neumeier)?

Answer 7

Rules that limit the amount of recovery
Rules that eliminate liability/damages
Rules that create or eliminate vicarious liability

Question 8

What law applies when the statute in question regulates conduct?

Answer 8

The place of injury.

E.g. driving regulations like speed limits