LAW 605LEC - Conflict of Laws

Callie from California and Max from Massachusetts get into a car accident with each other in the parking lot of Disney World (Florida). Max returns home to Massachusetts and sues Callie and Disney World in Massachusetts state court. Does the Massachusetts court have jurisdiction over Callie and/or Disney World? If so, what law would a Massachusetts court apply to the dispute ? Massachusetts law? California law? Florida law? If Max obtains judgment against Callie and Disney World, are these judgments enforceable in California and Florida? Let?s say that Callie moves to France and obtains a declaratory judgment there that she is not liable to Max for the car accident. Would this French judgment be recognized by a Massachusetts court to preclude Max?s lawsuit against Callie? These are the questions to be explored in this Conflict of Laws course. The course will focus on three broad questions: 1. Jurisdiction: When does a court have jurisdiction over a dispute? 2. Choice of Law: What law will a court apply to a dispute? 3. Enforcement of Judgments: When will a judgment from a foreign court (state or foreign country) be recognized and/or enforced? The approach I take is a mix between academic and practical. The ultimate goal is to have you not only understand the doctrines that comprise the conflict of laws, but be able to apply and manipulate them to achieve a desired result.

Credits: 3