Annual Survey of American Choice-of-Law Cases

Symeon Symeonides has posted on SSRN his 31st annual survey of American choice-of-law cases. The survey covers appellate cases decided by American state and federal courts during 2017. It can be found here https://ssrn.com/abstract=3093709  The table of contents is reproduced below.

Symeonides has also posted his annual Private International Law Bibliography for 2017. It can be found here https://ssrn.com/abstract=3094215.

 

31st Choice-of-Law Survey Table of Contents

Introduction

Part I. Jurisdiction

1. The Supreme Court Speaks (Again)
2. Foreign Sovereign Immunity
3. The Terrorism Exception
4. The Noncommercial Tort Exception
5. The Expropriation Exception
6. Jurisdiction Over Non-Recognized States
7. The Fukushima Nuclear Accident
8. The Political Question Doctrine

Part II. Extraterritoriality (or Non) of Federal Law

1. Fifth Amendment
2. Alien Tort Statute and Human Trafficking
3. Civil Rico and Domestic Injuries

Part III. Choice of Law

1. Torts
2. Georgia’s Peculiar Lex Loci Rule
3. Intrafamily Immunities and Families in Transit
4. Vicarious Liability
5. Distribution of Wrongful Death Proceeds
6. Hospital Liens
7. Medical Malpractice and State Immunity
8. Federal Tort Claims Act and United States Immunity
9. Defamation
10. Extraterritoriality (or Non) of State Statutes
11. Cross-Border Telephone Calls
12. State Civil RICO
13. Other Statutes
14. Air Travel, a “Needlestick,” and the Montreal Convention
15. Products Liability
16. Introduction
17. Cases Applying the Pro-Defendant Law of a Plaintiff-Affiliated State
18. Other Cases Applying a Pro-Defendant Law
19. Cases Applying a Pro-Plaintiff Law
20. Contracts
21. Choice-of-Law Clauses and Jury Waivers
22. Choice-of-Law Clauses and Trusts
23. Choice-of-Law Clauses and Old-Style Ordre Public
24. Separability(?) of Choice-of-Law Clauses
25. Scope of the Choice-of-Law Clause
26. Choice-of-Law and Forum-Selection Clauses
27. Choice-of-Law Clauses and Arbitration Clauses
28. Insurance Contracts
29. Choice-of-Law Methodology
30. Vacillation in Wyoming
31. The Methodological Table
32. Statutes of Limitation
33. New Jersey’s New Switch
34. Summary of State Practices
35. Choice-of-Law Clauses and Statutes of Limitations
36. Recovering Nazi-Looted Artwork
37. Marriage and Divorce
38. Marital Property

Part IV. Foreign Judgments and Awards

1. Sister-State Judgments
2. Land in another State
3. Due Process
4. Statutes of Limitations
5. Foreign-Country Judgments
6. Paternity and Public Policy
7. Child Custody and Human Rights
8. Child Support
9. Procedural Due Process
10. Service of Process
11. Jurisdiction in the State of Origin
12. Judgment “Contrary” to Arbitration Agreement
13. Statute of Limitations
14. Foreign Arbitration Awards