choice-of-law rule (Georgia) · Go Syfert
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choice-of-law rule in Georgia

11 Georgia opinions name it 2 courts 2012–2022 1 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Dowis v. Mud Slingers, Inc.green
ga · 2005 · cited in 3 Georgia opinions naming this issue, 2014–2015
2 sentences

2015See Dowis v. Mud Slingers, Inc., 279 Ga. 808, 816 ( 621 SE2d 413 ) (2005) (“The rule of lex loci delicti remains the law of Georgia.”).

2015See Dowis v. Mud Slingers, Inc., 279 Ga. 808, 816 ( 621 SE2d 413 ) (2005) (“The rule of lex loci delicti remains the law of Georgia.”).

33
Coon v. the Medical Center, Inc.green
gactapp · 2015 · cited in 2 Georgia opinions naming this issue, 2017–2017
2 sentences

2017See Coon v. The Medical Center, Inc., 335 Ga. App. 278 ( 780 SE2d 118 ) (2015).

2017See Coon v. The Medical Center, Inc., 335 Ga. App. 278 ( 780 SE2d 118 ) (2015).

22
Malice v. Coloplast Corp.green
gactapp · 2006 · cited in 2 Georgia opinions naming this issue, 2014–2014
2 sentences

2014We need not engage in a choice of law analysis, however, because under either the FAA or the GAC, the trial court erred in vacating the arbitration award. 3 “It is well established under both federal and Georgia law that judicial review of an arbitration is among the narrowest known to the law.” (Citations and punctuation omitted.) Malice v. Coloplast Corp., 278 Ga. App. 395, 397 ( 629 SE2d 95 ) (2006), superseded by statute on other grounds as noted in Murphree v. Yancey Bros.

2014We need not engage in a choice of law analysis, however, because under either the FAA or the GAC, the trial court erred in vacating the arbitration award. 3 “It is well established under both federal and Georgia law that judicial review of an arbitration is among the narrowest known to the law.” (Citations and punctuation omitted.) Malice v. Coloplast Corp., 278 Ga. App. 395, 397 ( 629 SE2d 95 ) (2006), superseded by statute on other grounds as noted in Murphree v. Yancey Bros.

22
In re the Estate of Crichtongreen
ny · 1967 · cited in 1 Georgia opinions naming this issue, 2020–2020
2 sentences

2020See In re Estate of Crichton, 20 NY2d 124, 133 ( 228 NE2d 799 ) (1967) (“The traditional choice of law rule in this area is one which looks to the law of the marital domicile to determine the rights of the husband and wife in property acquired during coverture.”); Turner, 1 Equit.

2020See In re Estate of Crichton, 20 NY2d 124, 133 ( 228 NE2d 799 ) (1967) (“The traditional choice of law rule in this area is one which looks to the law of the marital domicile to determine the rights of the husband and wife in property acquired during coverture.”); Turner, 1 Equit.

11
BankWest, Inc. v. Oxendinegreen
gactapp · 2004 · cited in 1 Georgia opinions naming this issue, 2016–2016
2 sentences

2016“The parties to a private contract who admittedly make loans to Georgia residents cannot, by virtue of a choice of law provision, exempt themselves from investigation for potential violations of Georgia’s usury laws.” BankWest, Inc. v. Oxendine, 266 Ga. App. 771, 775 ( 598 SE2d 343 ) (2004) (involving an investigation into payday lending practices).

2016“The parties to a private contract who admittedly make loans to Georgia residents cannot, by virtue of a choice of law provision, exempt themselves from investigation for potential violations of Georgia’s usury laws.” BankWest, Inc. v. Oxendine, 266 Ga. App. 771, 775 ( 598 SE2d 343 ) (2004) (involving an investigation into payday lending practices).

11
Slaton v. Hallgreen
ga · 1929 · cited in 1 Georgia opinions naming this issue, 2015–2015
1 sentence

2015Under Georgia’s conflict of laws jurisprudence, once it is determined under the relevant choice-of-law rule 21 that another state’s laws control the action, the court must then look to see whether statutory law from that state forms the basis for the right to recover, in which case, our courts will apply the statutory law as well as the “construction placed upon it by the highest court of such State.” Slaton v. Hall, 168 Ga. 710, 715 ( 148 SE 741 ) (1929).

11
Motz v. Alropa Corporationgreen
ga · 1941 · cited in 1 Georgia opinions naming this issue, 2015–2015
2 sentences

2015See also Motz v. Alropa Corp., 192 Ga. 176, 176 (1) ( 15 SE2d 237 ) (1941) (“The rights of the parties to a contract made and to be performed in another State are controlled not only by its pertinent statutes but by the decisions of its appellate courts construing and applying those statutes.”); Lay v. Nashville, Chattanooga & St.

2015See also Motz v. Alropa Corp., 192 Ga. 176, 176 (1) ( 15 SE2d 237 ) (1941) (“The rights of the parties to a contract made and to be performed in another State are controlled not only by its pertinent statutes but by the decisions of its appellate courts construing and applying those statutes.”); Lay v. Nashville, Chattanooga & St.

11
CS-Lakeview at Gwinnett, Inc. v. Simon Property Group, Inc.green
ga · 2008 · cited in 1 Georgia opinions naming this issue, 2012–2012
2 sentences

2012Georgia law provides that "the law of the jurisdiction chosen by parties to a contract to govern their contractual rights will be enforced unless application of the chosen law would be contrary to the public policy or prejudicial to the interests of this state." CS-Lakeview at Gwinnett, Inc. v. Simon Property Group, 283 Ga. 426, 428 , 659 S.E.2d 359 (2008).

2012Georgia law provides that "the law of the jurisdiction chosen by parties to a contract to govern their contractual rights will be enforced unless application of the chosen law would be contrary to the public policy or prejudicial to the interests of this state." CS-Lakeview at Gwinnett, Inc. v. Simon Property Group, 283 Ga. 426, 428 , 659 S.E.2d 359 (2008).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
AULD v. FORBES (Two Cases) green
ga · 2020
2 sentences

2022The Appellees argue that the trial court was correct in finding that the Georgia Supreme Court’s decision in Auld v. Forbes, 309 Ga. 893 ( 848 SE2d 876 ) (2020) should serve as the framework for analyzing this choice-of-law clause and that Auld foreclosed Burbach’s argument on this point; we disagree.

2022The Appellees argue that the trial court was correct in finding that the Georgia Supreme Court’s decision in Auld v. Forbes, 309 Ga. 893 ( 848 SE2d 876 ) (2020) should serve as the framework for analyzing this choice-of-law clause and that Auld foreclosed Burbach’s argument on this point; we disagree.

12022–2022
Rowles Co. v. Douglas green
ga · 1929
1 sentence

2015Under Georgia’s conflict of laws jurisprudence, once it is determined under the relevant choice-of-law rule 21 that another state’s laws control the action, the court must then look to see whether statutory law from that state forms the basis for the right to recover, in which case, our courts will apply the statutory law as well as the “construction placed upon it by the highest court of such State.” Slaton v. Hall, 168 Ga. 710, 715 ( 148 SE 741 ) (1929).

12015–2015
Murphree v. Yancey Bros. Co. green
gactapp · 2011
2 sentences

2014Co., 311 Ga. App. 744 , 747 n. 10 ( 716 SE2d 824 ) (2011).

2014Co., 311 Ga. App. 744 , 747 n. 10 ( 716 SE2d 824 ) (2011).

12014–2014

Statutes the citing opinions construe

GA § 9-11-56 (3) USC § 9u.s.c.1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 119 (1968–2025) CA 96 (1969–2026) IL 94 (1968–2026) NY 86 (1962–2025) DE 74 (1987–2026) NJ 48 (1958–2026) PA 41 (1964–2025) LA 32 (1969–2022) CT 30 (1965–2026) WA 29 (1981–2025) FL 23 (1982–2025) OH 23 (2000–2026) MA 23 (1975–2017) NC 20 (1982–2026) OK 19 (1977–2018) NM 19 (1976–2021) MN 19 (1973–2024) MD 19 (1985–2020) WI 18 (1964–2025) IN 17 (1980–2026) AL 16 (1991–2024) TN 13 (1999–2018) MI 12 (1978–2020) GA 11 (2012–2022) AZ 10 (1986–2019) NH 9 (1974–2018) MO 9 (1976–2016) UT 9 (2001–2024) DC 9 (1967–2025) RI 8 (2008–2022) SC 8 (2011–2024) ME 7 (1979–2026) WV 7 (1981–2022) CO 6 (1978–2026) MT 6 (1984–2016) ND 6 (1972–2004) VT 6 (1997–2022) SD 4 (1992–2022) ID 4 (1985–2009) MS 4 (1988–2010) WY 4 (2002–2020) NE 4 (2006–2018) KS 4 (2002–2025) OR 3 (1967–2022) VA 3 (2017–2023) AR 3 (2006–2014) HI 3 (2002–2025) NV 3 (2010–2020) AK 3 (1968–2001) KY 2 (2006–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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