Choice of Law in the American Courts in 2017: Thirty-First Annual Survey

Abstract

This is the Thirty-First Survey of American Choice-of-Law Cases. It was written at the request of the Association of American Law Schools Section on Conflict of Laws, and is intended as a service to fellow teachers and to students of conflicts law, both inside and outside the United States. Its purpose remains the same as it has been in the previous 30 years: to inform, rather than to advocate.

This Survey covers cases decided by American state and federal appellate courts during 2017 and posted on Westlaw by December 28, 2017. Of the 1,432 appellate cases that meet these parameters, the Survey focuses on those cases that may contribute something new to the development or understanding of conflicts law — and, particularly, choice of law.

Keywords: conflict of laws, choice of law, private international law, jurisdiction, extraterritoriality, foreign judgments, choice-of-law clauses, forum selection, products liability, torts, party autonomy, arbitration, consumer, employment, Defamation, RICO, Alien Tort Statute, statutes of limitation,

JEL Classification: K00, K10, K12, K13, K33, K40, K41