choice-of-law analysis (Utah) · Go Syfert
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choice-of-law analysis in Utah

9 Utah opinions name it 2 courts 2001–2024 3 in the last five years

The cases below were cited by Utah 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 (7)

CaseFollowedCited
Ace Rent-A-Car, Inc. v. Empire Fire & Marine Insurancegreen
ilnd · 2008 · cited in 2 Utah opinions naming this issue, 2012–2012
2 sentences

2012Huntsman emphasizes that it is a successor in interest to the original party that contracted with One Beacon for insurance coverage, El Paso Products, a Texas corporation. 12 Huntsman thus argues that "at the time of contracting," the original contracting "parties could not have anticipated that insurance payments for claims arising at a Texas facility, [then] owned by a Texas corporation, ... might be sent to Utah some 40 years later." As a result, argues Huntsman, the actual place of performance and "the current residence of the parties does not add much meaningful consideration to the choic

2012Huntsman emphasizes that it is a successor in interest to the original party that contracted with One Beacon for insurance coverage, El Paso Products, a Texas corporation.12 Huntsman thus argues that “at the time of contracting,” the original contracting “parties could not have anticipated that insurance payments for claims arising at a Texas facility, [then] owned by a Texas corporation, . . . might be sent to Utah some 40 years later.” As a result, argues Huntsman, the actual place of performance and “the current residence of the parties does not add much meaningful consideration to the choi

22
Stubbs v. Weathersbygreen
or · 1995 · cited in 2 Utah opinions naming this issue, 2005–2005
2 sentences

2005See In re Adoption of Y.R.W., 320 Or. 620 , 892 P.2d 991, 998 (1995).

2005See In re Adoption of Y.R.W., 320 Or. 620 , 892 P.2d 991, 998 (1995).

22
Oak Crest Const. Co. v. AUSTIN MUT. INS.green
or · 2000 · cited in 2 Utah opinions naming this issue, 2005–2005
2 sentences

2005See In re Adoption of Y.R.W., 320 Or. 620 , 892 P.2d 991, 998 (1995).

2005See In re Adoption of Y.R.W., 320 Or. 620 , 892 P.2d 991, 998 (1995).

22
Watkins v. Resorts International Hotel & Casino Inc.green
nj · 1991 · cited in 1 Utah opinions naming this issue, 2024–2024
1 sentence

2024“In brief, claim preclusion applies to all claims growing out of the same facts that could have been brought, but issue preclusion applies only to those issues that were actually litigated and decided.” Watkins v. Resorts Int’l Hotel & Casino, Inc., 591 A.2d 592, 604 (1991).

11
American National Fire Insurance Co. v. Farmers Insurance Exchangegreen
utah · 1996 · cited in 1 Utah opinions naming this issue, 2012–2012
1 sentence

2012See id. § 188 cmt. e; see also id. § 6(2)(c)‐(d) (listing other factors relevant to a choice of law analysis, such as “the relevant policies of other interested states and the relative interests of those states in the determination of the particular issue” as well as “the protection of justified expectations”).

11
Morris v. Sykesgreen
utah · 1981 · cited in 1 Utah opinions naming this issue, 2001–2001
2 sentences

2001See Morris v. Sykes, 624 P.2d 681 , 684 & n. 3 (Utah 1981) (applying only the substantive law of a foreign state pursuant to a choice of law analysis).

2001See Morris v. Sykes, 624 P.2d 681 , 684 & n. 3 (Utah 1981) (applying only the substantive law of a foreign state pursuant to a choice of law analysis).

11
Carlile v. GAME AND FRESH WATER FISH COM'Ngreen
fla · 1977 · cited in 1 Utah opinions naming this issue, 2001–2001
1 sentence

2001As the Florida Supreme Court has stated, "[Vjenue in civil actions brought against the state or one of its agencies or subdivisions, absent waiver or exception, properly lies in the county where the state, agency, or subdivision, maintains its principal headquarters." Carlile v. Game & Fresh Water Fish Comm'n, 354 So.2d 362, 363-64 (Fla.1977); see also Florida Pub.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Ole Mexican Foods v. J and W Distribution green
utahctapp · 2024
1 sentence

2024And on appeal, Olé makes no effort to assert that Georgia law should govern the issues, or to contend that the answer to any legal question in the case would be different under Georgia law than under Utah law. 20220982-CA 24 2024 UT App 67 Olé Mexican Foods v. J & W Distribution appropriately regarded as organizational tools than substantive contract provisions,” especially where the language of the heading is at odds with the language of the paragraph it heads.

12024–2024
Volonte v. Domo, Inc. green
utahctapp · 2023
2 sentences

2023We agree with First American. ¶18 “When determining which state’s laws apply to a dispute between two contracting parties, the law of the forum state governs the choice of law analysis.” Volonte v. Domo, Inc., 2023 UT App 25, ¶ 73 , 528 P.3d 327 (quotation simplified).

2023We agree with First American. ¶18 “When determining which state’s laws apply to a dispute between two contracting parties, the law of the forum state governs the choice of law analysis.” Volonte v. Domo, Inc., 2023 UT App 25, ¶ 73 , 528 P.3d 327 (quotation simplified).

12023–2023
Federated Capital Corp. v. Libby green
utah · 2016
2 sentences

2016Recording of Oral Argument at 6:35-7:20, Federated Capital v. Libby, 2016 UT 41 , 384 P.3d 221 , available at https://perma.cc/XLC826N4 (conceding that Federated was not challenging the district court’s use of the place of performance test to determine where the cause of action arose).

2016Recording of Oral Argument at 6:35-7:20, Federated Capital v. Libby, 2016 UT 41 , 384 P.3d 221 , available at https://perma.cc/XLC826N4 (conceding that Federated was not challenging the district court’s use of the place of performance test to determine where the cause of action arose).

12016–2016
Jacobsen Const. Co., Inc. v. Teton Builders green
utah · 2005
2 sentences

2016Co. v. Teton Builders, 2005 UT 4, ¶ 12 , 106 P.3d 719 (applying a choice-of-law clause rather than common law tests). 15 FEDERATED v. LIBBY A.C.J.

2016Co. v. Teton Builders, 2005 UT 4, ¶ 12 , 106 P.3d 719 (applying a choice-of-law clause rather than common law tests). 15 FEDERATED v. LIBBY A.C.J.

12016–2016

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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