Choice of Law in the American Courts in 2019: Thirty-Third Annual Survey

Abstract

This is the Thirty-Third 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. It is intended as a service to fellow teachers and to students of conflicts law, both inside and outside of the United States. Its purpose remains the same as it has been in the previous 32 years: to inform, rather than to advocate.

This Survey covers cases decided by American state and federal appellate courts during 2019 and posted on Westlaw by December 31, 2019. Of the 1,404 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 in particular choice of law.

The Survey proceeds in four parts. The first describes fourteen cases decided by the United States Supreme Court. The second part discusses judgments delineating the reach of federal law in cases with foreign elements (extraterritoriality). The third part focuses on the choice-of-law part of conflicts law, in both interstate and international cases. The fourth part deals with the recognition of sister state and foreign country judgments, as well as domestic and international arbitral awards.

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, Full Faith and Credit, statutes of limitation, insurance c

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