Multistate Defamation, Cross-Border Torts, and Choice of Law
Multistate defamation cases have always presented difficult choice-of-law problems, but the advent of the internet has exacerbated them. Nunes v. Cable News Network, Inc is a good example on point, besides being a very interesting case on other grounds. This post presents this case, but also examines how other countries resolve conflicts in cases of…
Continue ReadingForeign Sovereign Immunity and Choice of Law—State, not Federal
In Cassirer v. Thyssen-Bornemisza Collection Foundation, the Supreme Court unanimously held that, in adjudicating state-law claims against a foreign state or instrumentality under one of the exceptions to the Foreign Sovereign Immunity Act (FSIA), 28 U.S.C. § 1602, et seq., a federal court must apply the choice-of-law rules of the forum state rather than federal…
Continue ReadingChoice-of-Law Methodologies: Updating the List
This is an update of the list of choice-of-law methodologies followed in the United States. The changes are: (1) the abandonment of the lex loci contractus rule by the Supreme Court of Rhode Island in 2022, and (2) the enactment of a new choice-of-law codification by Puerto Rico in 2020.
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