Obligation to Provide a Forum

Question 1

Hughes

Answer 1

Rule: when a state has no interest in applying its own law, but application of other law would be repugnant or against public policy, that state must still provide a forum to a transitory cause of action that arises elsewhere

WI plaintiff sued WI defendant in WI for under IL wrongful death statute for accident which occurred in IL. WI wrongful death statute does now allow suits in WI if the accident did not occur in WI;

if WI court does not apply IL law, this plaintiff and all future plaintiffs will never be able to sue for wrongful death if the accidents occur outside WI; full faith and credit requires one state to take of the law of another when necessary; therefore, it violates full faith and credit for Wisconsin to legislate that it will never entertain another states’ laws

Question 2

Broderick

Answer 2

court held the purpose of NJ law is not to effect any NJ policy, but rather to prohibit success of any out-of-state suit; therefore, NJ may not reject the application of another state’s law

Question 3

Equal Protection:

TN Coal

Answer 3

P injured in AL. Brought suit in GA under AL code (allowed suit but said it must be brought in AL).

a forum state is ordinarily required to give full faith and credit to all applicable substantive provisions of another law, but not to venue provisions; AL cannot give a cause of action while prohibiting the cause of action to be exercise in any court having jurisdiction.