Choice of Law

When a dispute has a connection to more than one jurisdiction, and when the laws of those jurisdictions are materially different, a court must perform a choice-of-law analysis to determine which law to apply. To make this determination, a court will typically apply the choice-of-law rules of the jurisdiction in which it sits. Although choice-of-law rules vary significantly across U.S. states, many courts look to the Restatement (Second) of Conflict of Laws for guidance. The American Law Institute is currently in the process of drafting the Restatement (Third) of Conflict of Laws.

A Primer on Choice of Law

By John F. Coyle
February 28, 2023 posted in: Choice of Law

Choice-of-law rules are used to determine the rights, duties, and liabilities of persons involved in a case with a connection to more than one jurisdiction. In the United States, most choice-of-law rules are state law; the federal government rarely legislates in this area. Courts in the United States apply the same choice-of-law rules to international…

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Recent Posts

The Ferrari Is Still in the Warehouse

By John F. Coyle
October 15, 2026 posted in: Choice of Law

In July 2022, I authored a blog post about a Ferrari F50 that was sitting in a U.S. Customs and Border Patrol warehouse in upstate New York while a federal court tried to sort out who owned it. I recently discovered that this famed Italian supercar is still sitting in that same warehouse. In this…

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Oral Argument Recap: Suncor v. Boulder

By Maggie Gardner
October 6, 2026 posted in: Supreme Court

On Monday, the Supreme Court opened its new Term with oral arguments in Suncor v. County Commissioners of Boulder County (for background on the case, check out our preview post). Justice Alito did not participate as he has recused himself. Here are some takeaways as we await the Court’s decision. No One Is Buying the…

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German Court Decides U.S. Copyright Claims

By Marketa Trimble
August 25, 2026 posted in: Choice of Law

The training of artificial intelligence (“AI”) models on copyrighted works, such as books, articles, and songs, has produced disputes about the legality of the use of the works for such a purpose if the training occurs without permission or a license from the copyright owners. Copyright owners and their representatives have now sued AI companies…

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Resources

Chart Listing Choice-of-Law Methodologies Used by U.S. States

Restatement (Second) of Conflict of Laws § 6

Restatement (Second) of Conflict of Laws § 145

Restatement (Second) of Conflict of Laws § 188

Project Page for the Draft Restatement (Third) of Conflict of Laws

Bibliography

John F. Coyle, William S. Dodge, & Aaron Simowitz, Choice of Law in the American Courts in 2025: Thirty-Ninth Annual Survey, 73 Am. J. Comp. L. (forthcoming 2026) (SSRN)

John F. Coyle, Forum Shopping, Statutes of Limitation, and Borrowing Statutes, 78 Florida Law Review (forthcoming 2026) (SSRN)

John F. Coyle, Choice of Law in Terrorism Cases, 101 Notre Dame Law Review (forthcoming 2026) (SSRN)

Christopher A. Whytock & Ming-Yin (Jeffrey) Chang, Au Revoir, Renvoi? An Empirical Analysis of the Renvoi Doctrine in State and Federal Courts, 60 Willamette Law Review 623 (2025) (SSRN)

John F. Coyle, William S. Dodge, & Aaron Simowitz, Choice of Law in the American Courts in 2024: Thirty-Eighth Annual Survey, 73 Am. J. Comp. L. 1 (2025) (SSRN)

Carlos M. Vázquez & Russell C. Bogue, Choice of Law as Statutory Interpretation: the Rise and Decline of Governmental Interest Analysis, 67 Ariz. L. Rev. 391 (2025) (Arizona)

John F. Coyle, William S. Dodge, & Aaron Simowitz, Choice of Law in the American Courts in 2023: Thirty-Seventh Annual Survey, 72 Am. J. Comp. L. 1 (2024) (SSRN)

John F. Coyle, William S. Dodge, & Aaron Simowitz, Choice of Law in the American Courts in 2022: Thirty-Sixth Annual Survey, 71 Am. J. Comp. L.  251 (2023) (SSRN)

John F. Coyle, William S. Dodge, & Aaron Simowitz, Choice of Law in the American Courts in 2021: Thirty-Fifth Annual Survey, 70 Am. J. Comp. L. 318 (2022) (SSRN)

Lea Brilmayer & Daniel B. Listwa, A Common Law of Choice of Law, 89 Fordham L. Rev. 889 (2020) (Fordham)

Lea Brilmayer & Charles Seidel, Jurisdictional Realism: Where Modern Theories of Choice of Law Went Wrong, and What Can Be Done to Fix Them, 86 U. Chi. L. Rev. 2031 (2019) (Chicago)

Peter Hay, Patrick J. Borchers, Symeon C. Symeonides, & Christopher A. Whyock, Conflict of Laws (6th ed., 2018) (West)

Symeon C. Symeonides, Choice of Law: The Oxford Commentaries on American Law (2016) (Oxford)

Symeon C. Symeonides, The Choice-of-Law Revolution Fifty Years After Currie: An End and a Beginning, 2015 U. Ill. L. Rev. 1847 (SSRN)

Laura E. Little, Conflict of Laws Structure and Vision: Updating a Venerable Discipline, 31 Ga. St. U. L. Rev. (2015) (Georgia State)

Christopher A. Whytock, Myth of Mess? International Choice of Law in Action, 84 N.Y.U. L. Rev. 719 (2009) (SSRN)

Symeon C. Symeonides, Choice of Law in Cross-Border Torts: Why Plaintiffs Win and Should, 61 Hastings L.J. 337 (2009) (SSRN)

Kermit Roosevelt III, The Myth of Choice of Law: Rethinking Conflicts, 97 Mich. L. Rev. 2448 (1999) (Michigan)

Patrick J. Borchers, The Choice-Of-Law Revolution: An Empirical Study, 49 Wash. & Lee L. Rev. 357 (1992) (W&L)

Larry Kramer, Rethinking Choice of Law, 90 Colum. L. Rev. 277 (1990) (JSTOR)

Larry Kramer, Interest Analysis and the Presumption of Forum Law, 56 U. Chi. L. Rev. 1301 (1989) (Chicago)