Choice of Law in the American Courts in 2006: Twentieth Annual Survey

Abstract

This is the Twentieth Annual Survey of American Choice-of-Law Cases. It covers cases decided by American state or federal courts from January 1 to December 31, 2006, and reported during the same period. Of the 2,598 conflicts cases that met both of these parameters, the Survey focuses on the cases that deal with the choice-of-law part of conflicts law, and then discusses those cases that may add something new to the development or understanding of that part.

The Survey is intended as a service to fellow teachers and students of conflicts law, both within and outside the United States. Its central purpose is to inform rather than to advocate. This year's Survey covers the following topics and sub-topics:

I. Methodology (1. Torts; 2. Contracts; 3. The Methodological Count); II. Torts in General (1. Car-Lessor's Liability; 2. "No play, No pay" Rules; 3. Other Traffic Accident Cases; 4. "Border-Line" Cases (Literally); 5. Cross-Border Pollution 6. Cross-Border Medical Malpractice; 7. Consumer Fraud; 8. Premises Liability; 9. Sexual Assault); III. Products Liability (1. Inverse Conflicts; 2. Direct or True Conflicts); IV. Contracts (1. Contracts with Choice-of-Law Clauses; a. Employment Contracts; b. What Law Governs Choice-of-Forum Clauses; c. Choice-of-Law and Arbitration Clauses; 2. Contracts without Choice-of-Law Clauses; a. Attorney Fees; b. CISG); V. Insurance Conflicts (1. Automobile Insurance; 2. Other Insurance Conflicts); VI. Statutes of Limitation; VII. Privileges and Immunities; IX. Defense of Marriage Act; and X. International Cases 1. Hypothetical Jurisdiction and Forum Non Conveniens ;2. Alien Torts Claims Act; 3. Extraordinary Rendition and TVPA; 4. Suits Against Foreign Governments; 5. Yahoo! and Foreign Judgments; 6. Extraterritorial Reach of Federal Statutes; a. Sarbanes-Oxley; b. Civil Rights Act of 1871; c. Criminal Statutes; d. Patents and Trademarks).

Keywords: Conflict of laws, choice of law, private international law, jurisdiction, extraterritoriality, torts, contracts, products liability, consumer fraud, cross-border pollution, medical malpractice, statutes of limitation, insurance, employment, non-compete covenants, arbitration, TVPA, ATS, DOMA

JEL Classification: K10, K12, K13, K14, K19, K30, K32, K33, K41, N40