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McMillan v McMillan (Va. 1979). JONES v RS JONES & Assoc (Va. 1993)

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Presentation on theme: "McMillan v McMillan (Va. 1979). JONES v RS JONES & Assoc (Va. 1993)"— Presentation transcript:

1 McMillan v McMillan (Va. 1979)

2 JONES v RS JONES & Assoc (Va. 1993)

3 Buchanan v. Doe (Va. 1993)

4 Dreher v. Budget Rent-A-Car System, Inc. (Va. 2006)

5 “The statutes of New York imposing a showing of financial responsibility as a condition to the registration and operation of motor vehicles express a strong public policy that a person injured by the negligence of a driver should have recourse to a defendant able to respond in damages.” The New York legislature intended this responsibility to extend extra-territorially. The provisions of N.Y. Law § 388 have been viewed as showing a “commendable concern not only for residents of [New York], but residents of other States who may be injured as a result of the activities of New York residents.”

6 pleading and proving foreign law

7 FRCP 44.1 A party who intends to raise an issue concerning the law of a foreign country shall give notice by pleadings or other reasonable written notice. The court, in determining foreign law, may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the Federal Rules of Evidence. The court's determination shall be treated as a ruling on a question of law.

8 P (NY) sues D (NY) for not inviting P to NY birthday party, causing emotional harm asks for $1 million in damages No one mentions which NY law applies What happens?

9 - 2 Californians enter into gambling contract in Cal, with performance in Cal - gambling contracts are illegal under Cal. law - P sues D under contract court - D fails to bring motion to dismiss for failure to state a claim - can the case proceed or must ct dismiss? - if the suit were brought in Nevada state court, where gambling contracts are legal, must the court dismiss?

10 Walton v Arabian American Oil Co (2d Cir 1956)

11 P (Ark) sues D (Del) for negligence of D’s employee in Saudi Arabia Complaint simply alleges negligence of employee, damages etc. No one mentions which law applies What happens?

12 New York Civil Practice Act, § 344-a – judicial notice statute

13 Borrowing statutes

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