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Unformatted text preview: Conflict of Laws 1 C ONFLICT OF L AWS I. Introduction A. Judgments another state/nation is the source of a judgment. Winner of that judgment wishes to have the judgment recognized and enforced by NY Courts, which will be the forum for the enforcement action B. Choice of Laws litigation filed in NY and the NY court must decide whether to apply NY law to the controversy or some other states/countrys law. II. Judgments A. Recognition of Sister State Judgments 1. Under US Constitution, Fed & NY statute NY must recognize and enforce judgment issues by sister state a. Recognition obligation to covert sister state judgment into NY judgment b. Enforcement obligation of NY to use whatever mechanism to enforcement that judgment 2. Defenses to recognition and enforcement a. Lack of Personal Jurisdiction in state where judgment was awarded best defense if applicable; if State Xs judgment was default judgment (D didnt appear to defend case in State X), D may challenge State Xs jurisdiction over him when default judgment is brought to NY for recognition & enforcement (i) If NY court decides State X had jurisdiction over B NY will recognize and enforce the judgment unless one of the other exceptions applies (ii) If NY court decides State X NOT have jurisdiction over B NY will declare State Xs judgment void (State Xs judgment cannot be enforced against D) b. NY may deny/limit recognition of a State X judgment if State X itself would deny/limit the effect of its judgment NY will look to see whether other state has enforced it. 3. Invalid Defenses a. Mistake of Law or Fact even though mistake of law or fact in proceeding before State X, NY must still recognize the outcome of the State X proceeding (e.g. the forum to fix is on appeal in State X) b. Public Policy (i) General Rule NY will recognize and enforce judgment even though underlying determinant violates public policy (ii) Cautionary Note this is a losing argument ( contrast with following public policy argument for foreign country judgments) B. Recognition of Foreign Country Judgments 1. Comity respect (overarching stand) 2. No Constitutional Obligation governed by statute (presumption that NY will recognize & enforce) 3. Mandatory Non-Recognition a. NO personal jurisdiction over the D in the foreign country; b. D did NOT have full and fair opportunity to defend 4. Discretionary Non-Recognition : a. Lack of Subject Matter Jurisdiction in foreign country (discretionary matter) b. Country X was a serious inconvenient venue for the D c. P agreed to resolve the dispute somewhere other than in the courts of Country X (e.g. arbitration) d. Judgment violates the strong public policy of NY NY can refuse recognition III. Choice of Law A. Domicile 1. Basic Principle every person has a domicile (domicile may occur by operation of law or by choice) 2. Types of Domicile : a. Domicile of Origin (by operation of law) domicile at birth...
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- Spring '11