Posts Categorized: Confict of Laws

Posted: April 26, 2018

Parties Waived Contract’s Choice of Law Provision By Arguing New York Law Rather than Chosen Law

On April 13, 2018, Justice Masley of the New York County Commercial Division issued a decision in Duncan-Watt v. Rockefeller, 2018 NY Slip Op. 30678(U), holding that the parties to a lawsuit had waived the choice of law provision in their contract by failing to cite the chosen law in their arguments, explaining: The parties… Read more »

Posted: March 15, 2018

Choice of Law in Insurance Coverage Action Determined by “Principal Location of the Insured Risk”

Determining which state’s law applies is an important issue in any insurance coverage dispute.  Indeed, the outcome may depend on it, as different states have different rules on the interpretation and enforcement of policy provisions, what the claims the insured can bring, and a host of other issues.  Frequently, however, insurance policies do not have… Read more »

Posted: September 1, 2016

New York’s Borrowing Statute Applies Even Where Parties’ Contract Contains Mandatory New York Forum Selection Clause

On August 24, 2016, Justice Oing of the New York County Commercial Division issued a decision in All Children’s Hospital, Inc. v. Citigroup Global Markets, 2016 NY Slip Op. 31626(U), holding that New York’s “borrowing statute” applies even where the parties are required by contract to litigate their dispute in New York. The borrowing statute,… Read more »

Posted: December 23, 2015

Choice of Law Provision Obviates Need to Do Conflict-of-Law Analysis

On December 15, 2015, the Court of Appeals issued a decision in Ministers & Missionaries Benefit Board v. Snow, 2015 NY Slip Op. 09186, holding that “where parties include a New York choice-of-law clause in a contract, such a provision demonstrates the parties’ intent that courts not conduct a conflict-of-laws analysis” even when the “contracts… Read more »

Posted: February 10, 2015

Forum Selection Clause Enforced Despite Questions Concerning Law to be Applied in Chosen Forum

On January 30, 2015, Justice Scheinkman of the Westchester County Commercial Division issued a decision in USA-India Export-Import, Inc. v. Coca-Cola Refreshments USA, Inc., 2015 NY Slip Op. 50091(U), enforcing a forum selection clause. Put simply, USA-India’s claim was that Coca-Cola was violating New York’s Bottle Bill and GBL § 349 by passing the costs… Read more »

Posted: January 24, 2015

Court Enforces Choice of Law Provision Notwithstanding Dispute’s Lack of Connection to New York

On January 9, 2015, Justice Bransten of the New York County Commercial Division issued a decision in Marsh USA Inc. v. Doerfler, 2015 NY Slip Op 50020(U), holding that, as written in the parties’ agreement, a New York choice of law provision precluded an argument that New York law should not be applied because the… Read more »

Posted: December 12, 2014

Foreign Communications Subject to New York Privilege Rules When Discovery Order Provides that Discovery Will be Conducted Under the CPLR

On December 4, 2014, the First Department issued a decision in Sebastian Holdings, Inc. v. Deutsche Bank AG, 2014 NY Slip Op. 08472, holding that where the parties agree to conduct discovery under the CPLR, US privilege rules apply. In Sebastian Holdings, “the motion court, on consent of the parties, entered two orders” relating to… Read more »

Posted: May 23, 2014

Organization State Law Determines Whether Derivative Action Plaintiff is Entitled to Discovery on Demand Refusal

On May 22, 2014, the First Department issued a decision in Lerner v. Prince, 2014 NY Slip Op. 03763, holding in a derivative action, the law of the state of organization, not the forum state, determines whether the plaintiff is entitled to discovery on the basis for the refusal of its demand. In Lerner, the nominal-defendant corporation’s… Read more »

Posted: January 31, 2014

Appellate Divisions Announce Differing Choice-of-Law Analyses for Insurance Claims

On January 28, 2014, the First Department issued a decision in Davis & Partners, LLC v. QBE Ins. Corp., 2014 NY Slip Op. 00449, discussing which state’s law governed a liability policy covering multi-state risks. Based on the “standard ‘grouping of contacts’ analysis,” the court found that New York law applied because [t]he contract between… Read more »

Posted: January 15, 2014

New York Choice of Law Provision Does Not Preclude Massachusetts Statutory Claim

On December 11, 2013, Justice Walker of the 8th Judicial District Commercial Division issued a decision in Melia v. Zenhire, Inc., 2013 NY Slip Op. 52254(U), addressing the intersection between a choice-of-law clause, a choice-of-forum clause, and a statutory cause of action. In Melia, the plaintiff signed an employment agreement with defendants that provided for… Read more »