Choice of Law in the American Courts in 2021: Thirty-Fifth Annual Survey

Abstract

This is the Thirty-Fifth Annual 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 thirty-four years: to inform, rather than to advocate.

This Survey covers cases decided by American state and federal appellate courts during 2021 and posted on Westlaw by December 31, 2021. Of the 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.

Keywords: Choice of law, conflict of laws, personal jurisdiction, judgments, FSIA, Foreign Sovereign Immunities Act, extraterritoriality