Choice of Law and the After-Acquired Domicile
35 Pages Posted: 9 Aug 2023 Last revised: 16 Aug 2023
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
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