Choice of law question Forum

[nuseph]

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.

[vamedic03]

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.

[Kilpatrick]

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.