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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 state’s/country’s 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 X’s judgment was default judgment (D didn’t appear to defend case in State X), D may challenge State X’s 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 X’s judgment void (State X’s 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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This note was uploaded on 09/22/2011 for the course LAW LAW taught by Professor Concordia during the Spring '11 term at Concordia AB.
- Spring '11