BarbriSFCourseDetails

Course Details

This CLE course will explore the advantages to be gained when personal injury attorneys pay attention to often overlooked, but increasingly important, choice of law issues.

Faculty

Description

Rare is the lawsuit that has connections to only one jurisdiction. The world is interconnected. Injuries occur in one state; plaintiff or plaintiffs seek redress in another.

Some states have enacted “tort reform” laws that cap damages, require bifurcation of certain issues for trial, and restrict the admissibility of certain kinds of evidence. But for a plaintiff’s choosing to file suit in an “unreformed” jurisdiction, the defendant would be able to take advantage of a foreign state’s reforms.

By considering every potential state that might govern the substantive elements of a case, a defendant may be able invoke a foreign state’s tort reform laws. Plaintiffs need to be aware when this is happening.

Listen as the panel discusses issue by issue choice of law analysis and how it impacts both plaintiffs and defendants.

Outline

  1. Prevailing method of resolving conflicts of laws
  2. Distinguishing substantive and procedural rules
  3. Most significant tort reforms to preserve
    1. Statutes of limitation vs. repose
    2. Substantive vs. procedural issues
    3. Bifurcation
    4. Damages caps
    5. Privilege issues

Benefits

The panel will review these and other crucial matters.

  • Prevailing methods of resolving conflicts of laws
  • Changes in choice of law analysis since the Second Restatement of Conflicts
  • Issues where choice of law can be outcome determinative
  • When to start thinking about choice of law questions
  • Other factors influencing forum choice, such as juror attitudes and quality of judicial personnel