| 2012-08-31 |
83 |
0 |
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MEMORANDUM AND ORDER: Federal trial courts sitting in diversity must apply the choice of law principles of the forum state to determine which law to apply. In this action, Plaintiff is a New York domiciliary, Defendant Heidrich is a New Jersey domic iliary, and Defendant BMC is a Texas domiciliary. Under the principles set forth by the Court of Appeals of New York in Neumeier, New Jersey law applies as between Plaintiff and both Defendants to all loss-allocating issues. Plaintiff has not demon strated why this Court should contemplate applying anything but New Jersey law, the location to which all parties purposely availed themselves and in which the alleged tort occurred. Further, Plaintiff has not provided any convincing reason why New Jersey law should not apply to all conduct-regulating issues. New Jersey has a paramount interest in regulating behavior within its borders. Therefore, this Court holds that New Jersey law applies to all loss-allocation and conduct-regulating issues. Ordered by Judge William F. Kuntz, II on 8/29/2012. (Brucella, Michelle) |
2012-08-31 08:41:59 |
8ed44d0402652705417d523fdc1f792f6bbd8ad8 |