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  The table of contents is reproduced below.

Symeonides has also posted his annual Private International Law Bibliography for 2017. It can be found here


31st Choice-of-Law Survey Table of Contents


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