choice-of-law analysis in Illinois

2024The choice of law issue is well-suited for consideration on the merits. ¶ 34 Principle of Depecage ¶ 35 S&C Chicago contends that Moore’s argument that the trial court should have made one choice of law determination for S&C Canada and a separate choice of law determination for S&C Chicago fails under the principle of depecage, and neither caselaw nor other authority supports Moore position. ¶ 36 Depecage is “the process of cutting up a case into individual issues, each subject to a separate choice-of-law analysis.” Townsend, 227 Ill. 2d at 161 .

2024The supreme court has “stress[ed] that a choice-of-law analysis begins by isolating the issue and defining the conflict.” Townsend, 227 Ill. 2d at 155 .

2023We now turn to the merits of his claim. ¶ 56 We note that while the trial court determined that Florida law should apply to the abuse of process claim, the parties agree that the court should have applied Illinois law because “ ‘[a] choice-of-law determination is required only when a difference in law will make a difference in the outcome.’ ” Landmark American Insurance Co. v. NIP Group, Inc., 2011 IL App (1st) 101155, ¶ 21 (quoting Townsend v. Sears, Roebuck & Co., 227 Ill. 2d 147, 155 (2007)). 20 No. 1-22-0273 “ ‘If the relevant laws of the two states yield essentially the same result regard

2011Thus, “[o]nly if the application of the law of one state will yield a different result from the application of the law of a second state is a choice-of-law analysis necessary. [Citations.] If the relevant laws of the two states yield essentially the same result regarding the issue in question, so that application of either law will produce the same result, there is no need to apply a choice-of-law analysis. [Citation.] In the absence of a conflict in the relevant laws of the two states, the law of the forum state applies.” Gleim v. Roberts, 395 Ill.

2008Malatesta v. Mitsubishi Aircraft International, Inc., 275 Ill.App.3d 370, 374 , 211 Ill.

2008Malatesta v. Mitsubishi Aircraft International, Inc., 275 Ill.App.3d 370, 374 , 211 Ill.

2026Accordingly, Morgan maintained that “a choice of law clause that has the effect of making the Act inapplicable is both a prohibited waiver or evasion of the Act and invalid as contrary to public policy.” Morgan cited the United States Supreme Court case of Viking River Cruises, Inc. v. Moriana, 596 U.S. 639, 653 (2022), for the statement that an “arbitration agreement *** does not alter or abridge substantive rights,” and contended that there was “no basis for disregarding controlling Illinois statutory law.” ¶9 The arbitrator heard oral argument on May 31, 2023, and entered an order granting

2025Accordingly, Morgan maintained that “a choice of law clause that has the effect of making the Act inapplicable is both a prohibited waiver or evasion of the Act and invalid as contrary to public policy.” Morgan cited the United States Supreme Court case of Viking River Cruises, Inc. v. Moriana, 596 U.S. 639, 653 (2022), for the statement that an “arbitration agreement *** does not alter or abridge substantive rights,” and contended that there was “no basis for disregarding controlling Illinois statutory law.” ¶8 The arbitrator heard oral argument on May 31, 2023, and entered an order granting

2015After applying the choice-of-law analysis set forth in Lapham-Hickey Steel Corp. v. Protection Mutual Insurance Co., 166 Ill. 2d 520, 526-27 (1995), the trial court concluded that Pennsylvania law applied in interpreting the policy provisions, because it had the most significant contacts.

2014The trial court concluded, “[i]t appears that Illinois’ rule allows broader coverage [than] Pennsylvania precedent, at least as analyzed by federal magistrate, district, and appellate judges, assumed to know the law in Pennsylvania.” The trial court concluded that a conflict existed, and it applied the choice-of-law analysis set forth in Lapham-Hickey Steel Corp. v. Protection Mutual Insurance Co., 166 Ill. 2d 520, 526-27 (1995).

2014(Emphasis added.) Id. ¶ 25 To the extent that Sterling holds that a mere possibility of a conflict of laws is sufficient to require a choice-of-law analysis, we disagree.

2014(Emphasis added.) Id. ¶ 25 To the extent that Sterling holds that a mere possibility of a conflict of laws is sufficient to require a choice-of-law analysis, we disagree.

2021We therefore turn to the choice-of-law issue. ¶ 16 Under Illinois law, a court’s choice-of-law analysis begins: “ ‘by isolating the issue and defining the conflict.’ [Citations.] A choice-of-law determination ‘is required only when a difference in law will make a difference in the outcome.’ [Citations.] The party seeking the choice-of-law determination bears the burden of demonstrating a conflict, i.e., that there exists a difference in the law that will make a difference in the outcome. [Citation.] Once a conflict between laws is established, the analysis turns to which law should be applied.

2021We therefore turn to the choice-of-law issue. ¶ 16 Under Illinois law, a court’s choice-of-law analysis begins: “ ‘by isolating the issue and defining the conflict.’ [Citations.] A choice-of-law determination ‘is required only when a difference in law will make a difference in the outcome.’ [Citations.] The party seeking the choice-of-law determination bears the burden of demonstrating a conflict, i.e., that there exists a difference in the law that will make a difference in the outcome. [Citation.] Once a conflict between laws is established, the analysis turns to which law should be applied.

2009McGrew v. Pearlman, 304 Ill.

2009Townsend v. Sears, Roebuck & Co., 227 Ill. 2d 147, 155 , 879 N.E.2d 893, 898 (2007); McGrew, 304 Ill.

2019Townsend, 227 Ill. 2d at 155 (courts should not engage in a choice-of-law analysis unless a difference in law will make a difference in outcome); Barron v. Ford Motor Co. of Canada, 965 F.2d 195, 197 (7th Cir. 1992) (federal appeals court for Illinois, Indiana, and Wisconsin applied Florida law after stating “before entangling itself in messy issues of conflict of laws a court ought to satisfy itself that there actually is a difference between the relevant laws of the different [places]”); Banks v. Ribco, Inc., 403 Ill.

2019Townsend , 227 Ill. 2d at 155 , 316 Ill.Dec. 505 , 879 N.E.2d 893 (courts should not engage in a choice-of-law analysis unless a difference in law will make a difference in outcome); Barron v. Ford Motor Co. of Canada, Ltd. , 965 F.2d 195 , 197 (7th Cir. 1992) (federal appeals court for Illinois, Indiana, and Wisconsin applied Florida law after stating "before entangling itself in messy issues of conflict of laws a court ought to satisfy itself that there actually is a difference between the relevant laws of the different [places]"); Banks v. Ribco, Inc. , 403 Ill.

2016See Old Republic Insurance Co. v. Ace Property & Casualty Insurance Co., 389 Ill.

2016See Old Republic Insurance Co. v. Ace Property & Casualty Insurance Co., 389 Ill.

2015Barbara's Sales, Inc. v. 4 No. 1-13-2905 Intel Corp., 227 Ill. 2d 45, 61 (2007); Gregory v. Beazer East, 384 Ill.

2015Barbara’s Sales, Inc. v. Intel Corp., 227 Ill. 2d 45, 61 (2007); Gregory v. Beazer East, 384 Ill.

2015Barbara's Sales, Inc. v. 4 No. 1-13-2905 Intel Corp., 227 Ill. 2d 45, 61 (2007); Gregory v. Beazer East, 384 Ill.

2015Barbara’s Sales, Inc. v. Intel Corp., 227 Ill. 2d 45, 61 (2007); Gregory v. Beazer East, 384 Ill.

2015See Solomon v. Scholefield, 2015 IL App (1st) 150685, ¶ 15 ("[p]ure questions of law, including questions of statutory interpretation, are reviewed de novo" (internal quotation marks omitted)). ¶ 12 Petitioner next contends that the Electoral Board failed to undergo a choice of law analysis and properly apply Indiana law governing the expungement of Indiana convictions.

2015See Solomon v. Scholefield, 2015 IL App (1st) 150685, ¶ 15 (“[p]ure questions of law, including questions of statutory interpretation, are reviewed de novo” (internal quotation marks omitted)). ¶ 12 Petitioner next contends that the Electoral Board failed to undergo a choice of law analysis and properly apply Indiana law governing the expungement of Indiana convictions.

2007Ruiz v. Blentech Corp., 89 F.3d 320, 324 (7th Cir. 1996) (applying Illinois law); accord Scoles, Conflict of Laws §2.14, at 61 (explaining “depecage”).

2007Ruiz v. Blentech Corp., 89 F.3d 320, 324 (7th Cir. 1996) (applying Illinois law); accord Scoles, Conflict of Laws §2.14, at 61 (explaining “depecage”).

2009Wreglesworth v. Arctco, Inc., 316 Ill.

2007Wreglesworth v. Arctco, Inc., 316 Ill.

2011In the absence of such a provision, the general choice-of-law rules of the forum state, Illinois, control: "Before a court can apply a choice-of-law analysis to determine which state's law applies to the dispute, it must first determine if there is a conflict in the laws of the two states. [Citations.] A conflict exists if the difference in laws will result in a difference in outcome. [Citations.] If the law of the jurisdictions in question is essentially the same on the disputed point, there is no need to apply a choice-of-law analysis. [Citation.] In the absence of a conflict, Illinois law a

2011In the absence of such a provision, the general choice-of-law rules of the forum state, Illinois, control: "Before a court can apply a choice-of-law analysis to determine which state's law applies to the dispute, it must first determine if there is a conflict in the laws of the two states. [Citations.] A conflict exists if the difference in laws will result in a difference in outcome. [Citations.] If the law of the jurisdictions in question is essentially the same on the disputed point, there is no need to apply a choice-of-law analysis. [Citation.] In the absence of a conflict, Illinois law a

2014Only when the movant establishes a conflict between state laws to the circuit court’s satisfaction is a choice-of-law analysis required. ¶ 18 State Farm maintains, however, that in Phillips Petroleum Co. v. Shutts, 472 U.S. 797 (1985), the United States Supreme Court relied upon a federal district court’s Erie prediction to find a conflict between state laws.

2014Only when the movant establishes a conflict between state laws to the circuit court’s satisfaction is a choice-of-law analysis required. ¶ 18 State Farm maintains, however, that in Phillips Petroleum Co. v. Shutts, 472 U.S. 797 (1985), the United States Supreme Court relied upon a federal district court’s Erie prediction to find a conflict between state laws.

2021Kramer v. Weedhopper of Utah, Inc., 204 Ill.

1995(Kramer v. Weedhopper of Utah, Inc. (1990), 204 Ill.

2019Townsend, 227 Ill. 2d at 155 (courts should not engage in a choice-of-law analysis unless a difference in law will make a difference in outcome); Barron v. Ford Motor Co. of Canada, 965 F.2d 195, 197 (7th Cir. 1992) (federal appeals court for Illinois, Indiana, and Wisconsin applied Florida law after stating “before entangling itself in messy issues of conflict of laws a court ought to satisfy itself that there actually is a difference between the relevant laws of the different [places]”); Banks v. Ribco, Inc., 403 Ill.

2019Townsend , 227 Ill. 2d at 155 , 316 Ill.Dec. 505 , 879 N.E.2d 893 (courts should not engage in a choice-of-law analysis unless a difference in law will make a difference in outcome); Barron v. Ford Motor Co. of Canada, Ltd. , 965 F.2d 195 , 197 (7th Cir. 1992) (federal appeals court for Illinois, Indiana, and Wisconsin applied Florida law after stating "before entangling itself in messy issues of conflict of laws a court ought to satisfy itself that there actually is a difference between the relevant laws of the different [places]"); Banks v. Ribco, Inc. , 403 Ill.

2019Doe v. University of Chicago Medical Center , 2015 IL App (1st) 133735 , ¶ 4, 391 Ill.Dec. 647 , 31 N.E.3d 323 , 325 ; Village of Bloomingdale v. CDG Enterprises, Inc. , 196 Ill. 2d 484 , 486, 256 Ill.Dec. 848 , 752 N.E.2d 1090 (2001).

2019Doe v. University of Chicago Medical Center , 2015 IL App (1st) 133735 , ¶ 4, 391 Ill.Dec. 647 , 31 N.E.3d 323 , 325 ; Village of Bloomingdale v. CDG Enterprises, Inc. , 196 Ill. 2d 484 , 486, 256 Ill.Dec. 848 , 752 N.E.2d 1090 (2001).

2015Sign relied on a recent appellate court decision, Pekin Insurance Co. v. XData Solutions, Inc., 2011 IL App (1st) 102769, ¶ 23 (holding that federal district court decisions predicting state law do not represent “state law for the purposes of engaging in a choice of law analysis”).

2013If the forum applies its own law simply because the other interested jurisdictions have not spoken on the issue, the result of the case may well depend on the fortuitous circumstances that determine the forum. ¶ 22 Therefore, because the decision in Pekin conflicts with better reasoned cases and the purpose of the choice-of-law doctrine, we do not follow Pekin insofar as the court in Pekin said, “there is no Indiana state law on the issue before us, so there can be no conflict with Illinois law.” Pekin Insurance, 2011 IL App (1st) 102769, ¶ 23 .