Conflicts - Model Rule Statements

Question 1

federal court exercising diversity jurisdiction over non-federal claims

Answer 1

SCOTUS has held that a federal court exercising diversity jurisdiction over non-federal claims must apply the choice-of-law rule of the state in which it sits

Question 2

Second Restatement’s “most significant relationships” approach for tort issues

Answer 2

Under that approach, tort issues are governed by the law of the state that has the most significant relationship to the occurrence and the parties, based on several principles

Courts will consider several contacts with the state, including (i) the place where the injury occurred, (ii) the place where the conduct causing the injury occurred, (iii) the place of incorporation, and the place of business of the parties, and (iv) the place where the relationship, if any, between the parties is centered.

In tort matters, the default rule is that the place of the injury controls, unless another state has a more significant relationship to the parties or to the occurrence of the tort.