1. Wed. Mar. 22

2. New York’s Neumeier Rules

3. Cooney v Osgood Machinery (NY 1993)

4. loss-allocating v. conduct-regulating is charitable immunity both?

5. Is contribution loss-allocating?

6. Under the first Neumeier rule, if parties share a common domicile, and that domicile’s law has a loss allocating rule, then that law should control….

7. Babcock. two NYers, Ont. accident Reverse Babcock (Kell)
Babcock two NYers, Ont. accident Reverse Babcock (Kell) two Ontarians, NY accident

8. Is domicile really relevant for all loss-allocating rules

9. The second Neumeier rule:
P’s domicile’s loss-allocating rule would allow P to win
D’s domicile’s loss-allocating rule would allow D to win
Injury in one of those domiciles
Then use place of injury

10. P (NY) guest of D (Ontario) host if accident in NY, then P wins accident in Ontario, then D wins

11. Third Neumeier rule, applicable to other split-domicile cases: usually governing law will be that of the place where the accident occurred, unless “displacing that normally applicable rule will advance the relevant substantive law purposes without impairing the smooth working of the multistate system or producing great uncertainty for litigants”

12. - loss-allocating rules burden domiciliaries (like unprovided-for cases) - true conflicts when injury occurs in neither party’s home state

13. Franciscans in Schultz also Guest (Ontario) sues Host (NY) use law of place of harm unless… if accident is in Ont use Ont law (what would Kramer say?) if accident is in NY use NY law

14. NY Guest sues Ont host accident in Mich

15. What is the place of the harm in Cooney…?

16. let’s just do interest analysis…

17. MO interest? NY interest?

18. party expectations?

19. what law would NY legislators want if they knew there would be no contribution available…? Would they want Osgood to be jointly and severally liable?

20. Edwards v. Erie Coach Lines Co. (NY 2011)

21. Ontario defendants?

22. Pa defendants?

23. Dépeçage

24. Adams (NY domiciliary) is member of NY organization
Enrolls in its nature program
Truck takes him to Mass
Breaks down
Farmer with unregistered truck offers to take them the rest of way
Truck hits Adams, but not negligent
Mass law: driver unlicensed car is outlaw – liability w/o fault
NY requires negligence
Mass has charitable immunity
NY does not

25. MA interested in strict liability rule applying
MA interested in strict liability rule applying? MA interested in charitable immunity applying? NY interested in negligence rule applying?

26. Marie v. Garrison MO contract, NY forum MO statute of frauds procedural NY statute of frauds substantive

27. Currie: “While Massachusetts has a policy of deterring the operation of unlicensed vehicles, it does not extend that policy to charities…. While New York has a policy of requiring compensation for its injured residents, it has no policy of imposing liability in the absence of negligence. To impose liability on this New York corporation, which has been free from fault, simply in order to carry out a nonexistent Massachusetts policy of deterrence, seems to me to be entirely unjustified….”

28. Maryland Cas v Jacek (D.N.J. 1957)
Suit by MD insurer for declaratory judgment concerning liability under auto insurance policy
Issued in NJ to NJ domiciliaries
D had driven car with wife in NY – accident there
NJ – Insurer liable for any successful suit against insured
BUT spousal immunity
NY – no spousal immunity
BUT if spouse is successfully sued, insurer not liable