lex loci delicti doctrine (Illinois) · Go Syfert
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lex loci delicti doctrine in Illinois

10 Illinois opinions name it 2 courts 1969–2007 0 in the last five years

The cases below were cited by Illinois 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 (2)

CaseFollowedCited
Griffith v. United Air Lines, Inc.green
pa · 1964 · cited in 2 Illinois opinions naming this issue, 1969–1970
2 sentences

1970Rev. 959, 976), there has in recent years been increasing criticism of the traditional rule by commentators and a judicial trend towards its abandonment or modification.” ( 191 N.E.2d at 281 .) Also in Griffith v. United Air Lines, Inc., 416 Pa. 1 , 203 A.2d 796 , the court stated: “This place of the injury rule, sometimes termed the lex loci delicti rule, has been the subject of severe criticism in recent years.

1970Rev. 959, 976), there has in recent years been increasing criticism of the traditional rule by commentators and a judicial trend towards its abandonment or modification.” ( 191 N.E.2d at 281 .) Also in Griffith v. United Air Lines, Inc., 416 Pa. 1 , 203 A.2d 796 , the court stated: “This place of the injury rule, sometimes termed the lex loci delicti rule, has been the subject of severe criticism in recent years.

12
Ferguson v. Kasbohmgreen
illappct · 1985 · cited in 1 Illinois opinions naming this issue, 1993–1993
1 sentence

1993The court stated: “the local law of the State where the injury occurred should determine the rights and liabilities of the parties, unless Illinois has a more significant relationship with the occurrence and with the parties, in which case, the law of Illinois should apply.” Ingersoll v. Klein (1970), 46 Ill. 2d 42, 45 , 262 N.E.2d 593 ; accord Ferguson v. Kasbohm (1985), 131 Ill.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
Ingersoll v. Klein green
ill · 1970
2 sentences

1996(Nelson v. Hix (1988), 122 Ill. 2d 343, 346 , citing Restatement (Second) of Conflict of Laws § 122 (1971).) In Ingersoll v. Klein (1970), 46 Ill. 2d 42 , this court rejected the lex loci delicti doctrine and adopted the most significant relationship test for deciding among conflicting laws.

1993In Ingersoll v. Klein (1970), 46 Ill. 2d 42, 45 , 262 N.E.2d 593 , our supreme court abandoned Illinois’ prior choice of law rule applicable to tort actions — the doctrine of lex loci delicti — and instead adopted the “most significant relationship” test of the Restatement (Second), Conflicts of Laws.

81971–2007
Nelson v. Hix green
ill · 1988
1 sentence

1996(Nelson v. Hix (1988), 122 Ill. 2d 343, 346 , citing Restatement (Second) of Conflict of Laws § 122 (1971).) In Ingersoll v. Klein (1970), 46 Ill. 2d 42 , this court rejected the lex loci delicti doctrine and adopted the most significant relationship test for deciding among conflicting laws.

11996–1996
Babcock v. Jackson green
ny · 1963
2 sentences

1970The fatal flaw of this so-called ‘justification’ for the place-of-injury rule is that you could enjoy each and every one of these vaunted advantages by agreeing to apply the law of New York (as our most populous State or as trust capital of the world or as the situs of the 1965 World’s Fair) or the law of Alaska (as the law of our coldest State) to decide the infinitely various issues which might arise in interstate tort cases.” (31 ATLA Law Journal 534.) In Babcock v. Jackson (1963), 12 N.Y.2d 473 , 240 N.Y.S.2d 743 , 191 N.E.2d 279 , the court in considering the doctrine, stated: “It had its

1970Rev. 959, 976), there has in recent years been increasing criticism of the traditional rule by commentators and a judicial trend towards its abandonment or modification.” ( 191 N.E.2d at 281 .) Also in Griffith v. United Air Lines, Inc., 416 Pa. 1 , 203 A.2d 796 , the court stated: “This place of the injury rule, sometimes termed the lex loci delicti rule, has been the subject of severe criticism in recent years.

11970–1970

Where else courts name it

FL 19 (1967–2017) PA 19 (1964–2025) MI 17 (1968–2002) MD 15 (1981–2024) WV 14 (1987–2024) IN 12 (1980–2024) NC 12 (1989–2020) GA 11 (1996–2023) CT 11 (1986–2000) IL 10 (1969–2007) NY 10 (1955–1994) NM 7 (1976–2015) AL 7 (1980–2014) NJ 7 (1973–2006) RI 7 (1968–2011) TX 6 (1979–2009) MO 6 (1969–1988) WA 5 (2012–2025) AR 5 (1977–2021) WI 5 (1965–2024) DE 5 (1979–2011) VA 5 (2006–2024) SC 4 (1964–2015) MA 3 (1997–2004) ND 3 (1972–1998) SD 3 (1989–1997) LA 3 (1973–1981) KS 3 (1985–2024) IA 2 (1971–1973) CO 2 (1973–1978) WY 2 (1988–2015) VT 2 (1989–1997) OK 2 (2003–2026) TN 2 (1992–2006)

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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