lex loci doctrine in Michigan

1987That reexamination took place four years later in Sexton . m The consolidated appeals in Sexton, supra, presented an excellent opportunity to abrogate the lex loci doctrine.

1987The traditional advantages advanced on behalf of the lex loci rule have included discouraging forum shopping and furthering the goals of certainty and predictability through its ease of application, thus simplifying the task of both lawyers and the courts. [Sexton, supra, 421 .] However, upon closer examination, it became clear that in practice the reputed advantages of lex loci delicti did not exist.

2005Olmstead noted approvingly that, in a prior case, “[t]he Court, therefore, applied the public policy exception to the lex loci doctrine, rather than making sweeping changes [by reappraising Michigan’s entire conflict of laws policy] with potential unforeseen consequences.” In Van, supra at 327 , the Court quoted the following passage from the earlier Court of Appeals opinion in that case, 227 Mich App 90, 95 ; 575 NW2d 566 (1997): “As a general rule, making social policy is a job for the Legislature, not the courts.

2005Olmstead noted approvingly that, in a prior case, “[t]he Court, therefore, applied the public policy exception to the lex loci doctrine, rather than making sweeping changes [by reappraising Michigan’s entire conflict of laws policy] with potential unforeseen consequences.” In Van, supra at 327 , the Court quoted the following passage from the earlier Court of Appeals opinion in that case, 227 Mich App 90, 95 ; 575 NW2d 566 (1997): “As a general rule, making social policy is a job for the Legislature, not the courts.

2005Olmstead noted approvingly that, in a prior case, “[t]he Court, therefore, applied the public policy exception to the lex loci doctrine, rather than making sweeping changes [by reappraising Michigan’s entire conflict of laws policy] with potential unforeseen consequences.” In Van, supra at 327 , the Court quoted the following passage from the earlier Court of Appeals opinion in that case, 227 Mich App 90, 95 ; 575 NW2d 566 (1997): “As a general rule, making social policy is a job for the Legislature, not the courts.

2005R. 271, 273-274 (2003) (noting that asbestos litigation has led to "at least 78" bankruptcies, leading to "staggering" effects on the economy and, worse, fewer resources for the "truly sick"). [1] The article is based on remarks Justice Young made at a joint Federalist Society/Ave Maria Law School symposium. [2] Olmstead noted approvingly that, in a prior case, "[t]he Court, therefore, applied the public policy exception to the lex loci doctrine, rather than making sweeping changes [by reappraising Michigan's entire conflict of laws policy] with potential unforeseen consequences." [3] In Van,

1993Despite these reputed advantages, modern scholars and about half or more of the states have *85 rejected its rigidity since the rule often produced obvious rather than just results through its failure to consider the interests of other jurisdictions in the litigated matter. [3] Application of the substantive law of the jurisdiction where the tort occurred has been the unanimously accepted rule in Michigan from 1894 to 1969, beginning with Wingert v Wayne Circuit Judge, 101 Mich 395 ; 59 NW 662 (1894).

1993Despite these reputed advantages, modern scholars and about half or more of the states have *85 rejected its rigidity since the rule often produced obvious rather than just results through its failure to consider the interests of other jurisdictions in the litigated matter. [3] Application of the substantive law of the jurisdiction where the tort occurred has been the unanimously accepted rule in Michigan from 1894 to 1969, beginning with Wingert v Wayne Circuit Judge, 101 Mich 395 ; 59 NW 662 (1894).

1987The doctrine was *14 neither generally followed nor consistently applied. "[A]s jurisdiction after jurisdiction has departed from the law of the place of the wrong as the controlling law in tort cases, regardless of the issue involved, that law no longer affords even a semblance of the general application that was once thought to be its great virtue.” [Id., 424, quoting Reich v Purcell, 67 Cal 2d 551, 555; 63 Cal Rptr 31; 432 P2d 727 (1967).] In addition, the use of escape devices to avoid applying the law of the place of the wrong chipped away at the veneer of predictability and certainty of

1987The companion case to Sexton in the Supreme Court was Storie v Southfield Leasing, Inc, supra (appealing 90 Mich App 612 ; 282 NW2d 417 [1979]), which presented similar facts.

1987The companion case to Sexton in the Supreme Court was Storie v Southfield Leasing, Inc, supra (appealing 90 Mich App 612 ; 282 NW2d 417 [1979]), which presented similar facts.

1987This holding was consistent with the majority view at the time, as well as the original Restatement of Conflicts of Laws, § 378, which stated: "The law of the place of the wrong determines whether a person has sustained a legal injury.” The decline in popularity of the lex loci doctrine was initiated in the seminal case of Babcock v Jackson, 12 NY2d 473 ; 240 NYS2d 743 ; 191 NE2d 279 (1963).

1987This holding was consistent with the majority view at the time, as well as the original Restatement of Conflicts of Laws, § 378, which stated: "The law of the place of the wrong determines whether a person has sustained a legal injury.” The decline in popularity of the lex loci doctrine was initiated in the seminal case of Babcock v Jackson, 12 NY2d 473 ; 240 NYS2d 743 ; 191 NE2d 279 (1963).

1982This doctrine was described in Slater v Mexican National R Co, 194 US 120, 126 ; 24 S Ct 581 ; 48 L Ed 900 (1904): "The theory of the foreign suit is that although the act complained of was subject to no law having force in the forum, it gave rise to an obligation, an obligatio, which, like other obligations, follows the person, and may be enforced wherever the person may be found.” See 2 Beale, Conflict of Laws, pp 1286-1292; Restatement Conflict of Laws, §§ 377-392.

1982This doctrine was described in Slater v Mexican National R Co, 194 US 120, 126 ; 24 S Ct 581 ; 48 L Ed 900 (1904): "The theory of the foreign suit is that although the act complained of was subject to no law having force in the forum, it gave rise to an obligation, an obligatio, which, like other obligations, follows the person, and may be enforced wherever the person may be found.” See 2 Beale, Conflict of Laws, pp 1286-1292; Restatement Conflict of Laws, §§ 377-392.

1978Most jurisdictions, including Michigan, recognize the rule that the lex loci principle will not be applied in those instances where the application and enforcement of such foreign laws would entail the contravention of established forum public policy to the contrary, Lieberthal v Glens Falls Indemnity Co, 316 Mich 37 ; 24 NW2d 547 (1946), Kaiser v North, supra, Kircher v Kircher, 288 Mich 669; 286 NW 120 *7 (1939), Eskovitz v Berger, 276 Mich 536 ; 268 NW 883 (1936).

1978Most jurisdictions, including Michigan, recognize the rule that the lex loci principle will not be applied in those instances where the application and enforcement of such foreign laws would entail the contravention of established forum public policy to the contrary, Lieberthal v Glens Falls Indemnity Co, 316 Mich 37 ; 24 NW2d 547 (1946), Kaiser v North, supra, Kircher v Kircher, 288 Mich 669; 286 NW 120 *7 (1939), Eskovitz v Berger, 276 Mich 536 ; 268 NW 883 (1936).

1978Most jurisdictions, including Michigan, recognize the rule that the lex loci principle will not be applied in those instances where the application and enforcement of such foreign laws would entail the contravention of established forum public policy to the contrary, Lieberthal v Glens Falls Indemnity Co, 316 Mich 37 ; 24 NW2d 547 (1946), Kaiser v North, supra, Kircher v Kircher, 288 Mich 669; 286 NW 120 *7 (1939), Eskovitz v Berger, 276 Mich 536 ; 268 NW 883 (1936).

1978Most jurisdictions, including Michigan, recognize the rule that the lex loci principle will not be applied in those instances where the application and enforcement of such foreign laws would entail the contravention of established forum public policy to the contrary, Lieberthal v Glens Falls Indemnity Co, 316 Mich 37 ; 24 NW2d 547 (1946), Kaiser v North, supra, Kircher v Kircher, 288 Mich 669; 286 NW 120 *7 (1939), Eskovitz v Berger, 276 Mich 536 ; 268 NW 883 (1936).