Choice of Law and the After-Acquired Domicile

35 Pages Posted: 9 Aug 2023 Last revised: 16 Aug 2023

See all articles by Luke Meier

Luke Meier

Baylor University - Law School

Date Written: July 29, 2023

Abstract

The wheels of justice move slowly. There is usually a significant lapse of time between the underlying factual events prompting a dispute, the filing of a lawsuit, and an ultimate judgment. During this significant temporal lag, it is not uncommon for parties to a dispute to move to a new state and establish a new domicile. This move can complicate a choice of law analysis. Modern choice of law heavily emphasizes the domicile of the parties to a dispute. But which domicile counts: The pre-move or post-move domicile of the litigant? The black letter law has always assumed that the post-move domicile - the “after-acquired” domicile - does not count for choice of law purposes. But there are some cases that do consider the after-acquired domicile when doing a choice of law analysis. This Article examines the after-acquired domicile problem and offers a comprehensive solution to the issue.

Keywords: Choice of law, conflict of laws, conflicts of law, conflicts, domicile, after-acquired domicile, Currie, interest analysis, Meier

Suggested Citation

Meier, Luke, Choice of Law and the After-Acquired Domicile (July 29, 2023). University of Richmond Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=4525713 or http://dx.doi.org/10.2139/ssrn.4525713

Luke Meier (Contact Author)

Baylor University - Law School ( email )

Sheila & Walter Umphrey Law Center
1114 South University Parks Drive
Waco, TX 76706
United States

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