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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Finding the Right International Comity Doctrine

By William S. Dodge
October 28, 2026 posted in: International Comity

In Salisbury v. Costco Wholesale Corp., plaintiffs brought a class action in the U.S. District Court for the Western District of Washington alleging that Costco sold, as “100% agave,” tequilas that contain cheaper, non-agave alcohol. Plaintiffs based their allegations on a testing methodology known as SNIF-NMR, which identifies the plant origin of ethanol by measuring…

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Substance and Procedure in Conflict of Laws

By John F. Coyle
October 27, 2026 posted in: Choice of Law

The field of conflict of laws is famously inscrutable. One of the most enigmatic doctrines in this area is the distinction between “substantive” issues and “procedural” issues. In this post, I first explain how U.S. courts distinguish between these issues for the purpose of resolving horizontal conflicts of law between sovereigns. I then explain how…

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Third Conflict of Laws Annual Workshop Agenda

By William S. Dodge
October 26, 2026 posted in: Choice of Law

Following up on an earlier post, the agenda for the Third Conflict of Laws Annual Workshop (CLAW3) is now available here. TLB’s own John Coyle and Maggie Gardner will be presenting papers. The workshop is hosted by the University of Pennsylvania Carey Law School on Friday, November 13, 2026, with a welcome dinner the night…

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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)