Federal Common Law Supplies The Choice Of Law Rules
This trap appears as a wrong-answer choice in 2 active questions. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Civil Procedure2
Example wrong choices
19513_homeschool_coop_transfer · CIVIL_PROCEDURE · Choice AState B's choice-of-law rules, because the transferee court always starts fresh.
Why it's attractive
Van Dusen carries the transferor's state law after a § 1404(a) transfer from a proper forum.
Why it's wrong
Van Dusen carries the transferor's state law after a § 1404(a) transfer from a proper forum.
19513_homeschool_coop_transfer · CIVIL_PROCEDURE · Choice CFederal common-law choice rules.
Why it's attractive
Klaxon provides that state law supplies the choice-of-law rules; Van Dusen provides that the transferor's state law applies after a § 1404(a) transfer.
Why it's wrong
Klaxon provides that state law supplies the choice-of-law rules; Van Dusen provides that the transferor's state law applies after a § 1404(a) transfer.
19513_homeschool_coop_transfer · CIVIL_PROCEDURE · Choice DThe state law least favorable to the plaintiff.
Why it's attractive
§ 1404(a) is not a penalty; the rule prevents the defendant from getting a law change.
Why it's wrong
§ 1404(a) is not a penalty; the rule prevents the defendant from getting a law change.
19537_christian_pilgrim_klaxon · CIVIL_PROCEDURE · Choice AFederal common-law choice-of-law rules.
Why it's attractive
Klaxon explicitly rejected an independent federal diversity choice-of-law system.
Why it's wrong
Klaxon explicitly rejected an independent federal diversity choice-of-law system.
19537_christian_pilgrim_klaxon · CIVIL_PROCEDURE · Choice BGeorgia choice-of-law rules because the defendant lives there.
Why it's attractive
Klaxon anchors on the forum state, not on the defendant's citizenship.
Why it's wrong
Klaxon anchors on the forum state, not on the defendant's citizenship.
19537_christian_pilgrim_klaxon · CIVIL_PROCEDURE · Choice DIndiana choice-of-law rules automatically because the accident happened there.
Why it's attractive
Klaxon anchors on the forum state, not on the place of injury; the accident state may be the substantive law under the forum's choice rules, but it is not the choice-of-law anchor.
Why it's wrong
Klaxon anchors on the forum state, not on the place of injury; the accident state may be the substantive law under the forum's choice rules, but it is not the choice-of-law anchor.
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