Posts Categorized: Confict of Laws

Posted: February 7, 2020

Court Rejects Attack on New York Choice of Law Clause Based on California Public Policy

On January 13, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Career Partners, Inc. v. Brady, 2020 NY Slip Op. 30151(U), rejecting an attack on a New York choice of law clause based on California public policy, explaining: The New York Court of Appeals has held that a choice-of-law... Read more »

Posted: September 16, 2019

California Supreme Court Rules that New York’s “No-Prejudice” Rule Is Contrary to “Fundamental Public Policy” of California

On August 29, 2019, the California Supreme Court issued a decision in Pitzer College v. Indian Harbor Ins. Co., Case No. S239510, ruling (in response to a certified question from the Ninth Circuit) that New York’s no-prejudice rule—under which a first-party insurer can avoid coverage based on delayed notice without showing prejudice—is contrary to a... Read more »

Posted: January 23, 2019

New York Choice of Law Provision Enforceable Even Though Contract Not Connected to New York

On January 9, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in ABB, Inc. v. Havtech, LLC, 2019 NY Slip Op. 30095(U), enforcing a New York choice of law provision even though the contract had no connection to New York, explaining: Havtech argues that the Agreement’s New York choice of law provision... Read more »

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 »