Download Neumeier Rules - Conflict of Laws - Lecture Slides and more Slides Law in PDF only on Docsity! New York’s Neumeier Rules Docsity.com Cooney v Osgood Machinery (NY 1993) - Cooney (MO) injured in MO by machinery owned by Mueller (MO) - Machinery manufactured by Hill Acme - Sold in NY through Osgood (NY) to a Buffalo Co that later sold it to Mueller - Cooney received workers comp from Mueller - Brought NY products liability action against Osgood - Osgood impleaded Mueller & Hill Acme for contribution - Under MO law, if you’ve paid workers comp you are freed of other obligations, including 3rd party contribution actions - Mueller liable for contribution under NY law Docsity.com P (NY) guest of D (Ontario) if accident in NY, then P wins accident in Ontario, then D wins Docsity.com Third Neumeier rule, applicable to other split- domicile cases: usually governing law will be that of the place where the accident occurred, unless “displacing that normally applicable rule will advance the relevant substantive law purposes without impairing the smooth working of the multistate system or producing great uncertainty for litigants” Docsity.com Guest (Ontario) sues Host (NY) Accident in Ontario Guest (Michigan) sues Host (NY) Accident in Ontario Guest (NY) sues Host (Michigan) Accident in Ontario Docsity.com • § 6. Choice-Of-Law Principles (1) A court, subject to constitutional restrictions, will follow a statutory directive of its own state on choice of law. Docsity.com • (2) When there is no such directive, the factors relevant to the choice of the applicable rule of law include (a) the needs of the interstate and international systems, (b) the relevant policies of the forum, (c) the relevant policies of other interested states and the relative interests of those states in the determination of the particular issue, (d) the protection of justified expectations, (e) the basic policies underlying the particular field of law, (f) certainty, predictability and uniformity of result, and (g) ease in the determination and application of the law to be applied. Docsity.com • § 145. The General Principle (1) The rights and liabilities of the parties with respect to an issue in tort are determined by the local law of the state which, with respect to that issue, has the most significant relationship to the occurrence and the parties under the principles stated in § 6. Docsity.com § 169. Intra-Family Immunity (1) The law selected by application of the rule of § 145 determines whether one member of a family is immune from tort liability to another member of the family. (2) The applicable law will usually be the local law of the state of the parties' domicil. Docsity.com Phillips v. Gen. Motors Corp (Mont. 2000) Docsity.com • The first factor we must consider under § 6(2) is the needs of the interstate and international system. On the facts of this case, this factor does not point toward the importance of applying any particular state's law. Rather, this factor supports the application of the Restatement approach, namely the law of the state with the most significant relationship to an issue. We believe the Restatement approach fosters harmonious relationship between states by respecting the substantive law of other states when those states have a greater interest in the determination of a particular issue litigated in a foreign jurisdiction. The Restatement approach is preferable, in our view, to the traditional lex loci rule which applies the law of the place of the accident which may be fortuitous in tort actions. Docsity.com
