Conflict of Laws

30 Pages Posted: 28 Aug 2019

See all articles by Sharon Freytag

Sharon Freytag

Haynes and Boone LLP

Don B. Bush

Oklahoma State University - Tulsa

James George

Texas A&M University School of Law

Multiple version iconThere are 7 versions of this paper

Date Written: January 1, 1989

Abstract

Conflicts of law occur when foreign elements appear in a lawsuit. Nonresident litigants, incidents in sister states or foreign countries, and lawsuits from other jurisdictions represent foreign elements that may create problems in judicial jurisdiction, choice of law, or recognition of foreign judgments, respectively. This Article reviews Texas conflicts of law during the Survey period from late 1987 through 1988. The survey includes cases from Texas state and federal courts. Excluded are cases involving federal state conflicts, criminal law, intrastate matters such as subject matter jurisdiction and venue, and conflicts in time, such as the applicability of prior or subsequent law within a state.

During the Survey period, the Texas Supreme Court effected no significant changes or additions to jurisdictional jurisprudence, but the Northern District of Texas did craft a rule for personal jurisdiction in federal question cases when nationwide service of process is authorized. Cases decided during the Survey period also exhibited both the use of rule 108 as a substitute for the Texas long-arm statute and the difficulty in imputing jurisdictional contacts between parent and subsidiary corporations. Choice of law highlights include a controversial rejection of a Florida non-competition agreement, as well as the United States Supreme Court's sequel to a 1985 opinion on legislative jurisdiction. Foreign judgments offered three noteworthy cases but no developments.

Keywords: conflict of laws, jurisdiction, service of process, courts, practice and procedure

Suggested Citation

Freytag, Sharon and Bush, Don and George, James, Conflict of Laws (January 1, 1989). SMU Law Review, Vol. 43, No. 1, 1989, pg. 431, Texas A&M University School of Law Legal Studies Research Paper , Available at SSRN: https://ssrn.com/abstract=3443025

Sharon Freytag

Haynes and Boone LLP ( email )

One Houston Center
1221 McKinney
Houston, TX
United States

Don Bush

Oklahoma State University - Tulsa ( email )

700 North Greenwood
Tulsa, OK 74106
United States

James George (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX Tarrant County 76102
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
22
Abstract Views
252
PlumX Metrics