American Conflicts Law: Cases and Materials |
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Page 21
... transferee forum to apply the law of the transferor court , regardless of who initiates the transfer . A transfer under S 1404 ( a ) , in other words , does not change the law applicable to a diversity case . Α The policy that S 1404 ...
... transferee forum to apply the law of the transferor court , regardless of who initiates the transfer . A transfer under S 1404 ( a ) , in other words , does not change the law applicable to a diversity case . Α The policy that S 1404 ...
Page 24
... transferor law when a plaintiff initiates a transfer .... D This case involves some considerations to which we ... law does not change following a transfer of venue under § 1404 ( a ) . Affording transfers initiated by plaintiffs ...
... transferor law when a plaintiff initiates a transfer .... D This case involves some considerations to which we ... law does not change following a transfer of venue under § 1404 ( a ) . Affording transfers initiated by plaintiffs ...
Page 25
... court to apply either the transferor law or the transferee law will seem appropriate in all circumstances , we should develop more more sophisticated federal choice of law rules for diversity actions involving transfers . See Note , 75 ...
... court to apply either the transferor law or the transferee law will seem appropriate in all circumstances , we should develop more more sophisticated federal choice of law rules for diversity actions involving transfers . See Note , 75 ...
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appellee apply attachment Bremen Burnham Carnival Cruise Lines cause of action child custody choice of law circuit court claims contract contractor Court of Appeals Court of Justice custody proceeding defendant defendant's displacement district court diversity jurisdiction divorce domicile due process Dusen end of Note enforce Erie faith and credit family law master federal law Federal PKP Act Ferenses Florida foreign forum clause forum shopping forum-selection clause full faith full paragraph Government Hague Convention hearing High Court initial custody decree Insert John Deere Co judgment judicial law advantages law rules litigation Nadeem Parental Kidnapping parties Pennsylvania permanent legal custody personal jurisdiction based petitioner plaintiff present products liability reasonable require respondents Section selection clause Shaffer Shutes statute of limitations subject-matter jurisdiction Supreme Court transfer initiated transfer of venue transferor law UCCJ Act UCCJA Uniform Commercial Code United Kingdom Wakulla County West Virginia Wood County wrongfully retained York