conflict of law: torts and neumeier

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conflict of law: torts and neumeier
2014-07-16 11:52:20
torts conflicts neumeier
conflict of law
torts and neumeier rules
Show Answers:

  1. NY applies the governmental interest approach to determine which of two competing jurisdictions has the greater interest in having its law applied in the litigation.
  2. Two inquiries for greater interest: look at the contacts and purpose of the tort law
  3. contacts: what contacts are there in this suit and where are they located. focus on two things:
    • 1. domiciles of the parties
    • 2. location of the tort
  4. purpose: conduct= location of tort
    if to regulate conduct (i.e. standard of care to be applied) NY courts generally apply the law of the state where the tort occurred (that state is considered to have the greatest interest in regulating behavior within its borders)
  5. purpose: allocate loss= domicile
  6. purpose: allocate loss: Neumeier rules are applied depending on the domiciles of the parties using either the same domicile rule or split domicile rule
  7. Neumeier: same domicile: if the parties in this loss allocation torts conflict have the same domicile, New York Courts will apply the law of that domicile
  8. Neumeier: split domicile: if parties don't share a common domicile, the law of place where accident occurred.
    • if:
    • the parties have different domiciles, and
    • Ds conduct occurred in his state of domicile and that state's law would not impose liability -->
    • NY will not impose liability even if the law of P's domicile would impose liability
  9. allocate loss: if court thinks there is a policy reason, will make a "special circumstances exception" to the Neumeier split domicile rule
  10. Erie: In diversity cases, federal courts apply the substantive law of the state in which the district court is located
  11. Erie: The procedural laws to be applied under Erie depend on whether an applicable federal law exists and whether there is a conflict with state law
  12. Erie: If no federal law exists, the court may ignore a state procedural law in certain circumstances
  13. Generally, federal courts in diversity actions apply the conflict of laws rules of the forum state