Choice of law question

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nuseph
Posts: 12
Joined: Tue Dec 02, 2008 10:54 pm

Choice of law question

Postby nuseph » Tue May 03, 2011 4:56 pm

Hi all,

When a diversity case is transferred, does the CoL rule of the transferor court's state follow the case?

I believe it's yes-- Klaxon says the district court must use the state CoL (treating it as substantive?); Van Dusen/Ferens says transferor's law follows to the transferee court.

Unfortunately I can't find a case on point. Ideas? Thanks.

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vamedic03
Posts: 1579
Joined: Mon Sep 29, 2008 9:50 am

Re: Choice of law question

Postby vamedic03 » Tue May 03, 2011 5:59 pm

nuseph wrote:Hi all,

When a diversity case is transferred, does the CoL rule of the transferor court's state follow the case?

I believe it's yes-- Klaxon says the district court must use the state CoL (treating it as substantive?); Van Dusen/Ferens says transferor's law follows to the transferee court.

Unfortunately I can't find a case on point. Ideas? Thanks.


Yes. You've answered your own question.

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Kilpatrick
Posts: 1073
Joined: Sun Dec 06, 2009 2:06 am

Re: Choice of law question

Postby Kilpatrick » Wed May 04, 2011 1:15 am

Yeah you are right. There is a pretty good breakdown of this in the E&E which talks about how this rule can lead to some artful pleading.




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