DOCSLIB.ORG

What Is Forum Shopping? Can Be Vulnerable

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
What Is Forum Shopping? Can Be Vulnerable Reprinted with permission from INTA Bulletin, Vol. 66, No. 9 – May 1, 2011, Copyright © 2011 International Trademark Association. jurisdiction because of reduced travel costs scope of this overview. It is, nevertheless, Jan-Peter Ewert and the potential for the fact-finder to be worthwhile to note briefly the different sources Unverzagt von Have, Hamburg, Germany sympathetic to a local plaintiff. Sometimes of registered trademarks in Europe, namely the laws, procedures or tendencies are more national trademark registrations in individual David Weslow favorable in one jurisdiction than another, so European countries, Community trade mark Wiley Rein LLP, Washington, D.C., USA a party will choose the jurisdiction that will ap- (CTM) registrations valid for the entire EU and ply the more favorable law or protocols to the international extensions of existing trademarks case. Remedies differ between jurisdictions, via the Madrid System. A trademark practitioner charged with obtaining so a party may choose a forum that offers the legal protection beyond national boundaries largest damage awards or the potential for For entities based in the United States, by far often is in a more comfortable situation injunctive relief or monetary damages, which, the most common way of obtaining trademark than colleagues in many other fields of the law. for example, are not available from the Trade- protection in Europe is registering a CTM. This A system of international treaties and organiza- mark Trial and Appeal Board of the U.S. Patent is in most cases a sensible choice, given that tions supports the practitioner in transferring and Trademark Office (USPTO). Courts also the associated costs are a fraction of those the client’s rights from its home jurisdiction deal with their cases at varying speeds, and involved in obtaining individual national regis- to others and in enforcing such rights. a plaintiff may prefer one court over another trations in all European nations. because cases proceed faster in that court, This support may, however, inspire a false while a defendant may try the opposite tactic Registering a new CTM also provides the option sense of security and simplicity. Intellectual in order to stall proceedings. of obtaining more extensive protection property rights may bear the same name than extending an existing U.S. registration to across jurisdictions and yet have fundamentally Whatever the specific reason, the goal of Europe by way of the Madrid System. For one different legal requirements, scopes of forum shopping is always the same: to gain a thing, the list of goods and services acceptable protection, and means and procedures for perceived or actual advantage in litigation by for CTMs and national trademarks in EU enforcement. These differences present both benefiting from the differences in the laws, countries can include general terms that would challenges in providing best practices advice rules and tendencies of the courts with poten- likely be refused by the USPTO, such as “busi- and significant opportunities for obtaining favor- tial jurisdiction over the litigation. ness consulting.” In addition, European trade- able results by playing the different involved mark law does not require a declaration of a jurisdictions to one’s advantage. The foundation for successful forum shopping “bona fide intent to use.” Instead, the descrip- in trademark matters, however, is laid long tion of goods and services may be generously This article provides an overview of some before litigation or opposition proceedings be- expanded to cover any products for which the issues to bear in mind when one is faced with gin. It results from the limitation of trademark applicant has even a remote interest. a case potentially involving both Europe and rights to territories in which protection has the United States and how forum shopping can been obtained by formal registration or other Some situations can, however, make reliance benefit the trademark owner. means (for jurisdictions that do not require on a CTM a less-than-optimal choice for registration for trademark rights). trademark protection in Europe, because CTMs What Is Forum Shopping? can be vulnerable. An opposition from even Laying the Foundation: the smallest EU member state may stall the registration for years and possibly bring down Forum shopping refers to the practice of Important Differences in choosing the court or jurisdiction that has the the entire trademark for all of the Community, most favorable rules or laws for the position Trademark Prosecution even if the older right has been registered or being advocated. A party can forum shop used only in a single EU country, such as Malta. The conglomerated nature of the European when more than one court has jurisdiction In such cases, the CTM may be converted over the dispute, choosing the court that gives Union provides for significantly more routes for into individual national trademark applications it an advantage over the opposing party. The obtaining trademark protection than do the in the other member states, but this is a costly forum most favorable to the party’s case is not laws of more unitary territories, such as the and complex process. always the forum that is most relevant to the United States. dispute. Registering a national trademark in a European The numerous different methods for obtaining country in addition to an identical CTM Parties forum shop for a variety of reasons. the equivalent of a common law trademark is comparatively cheap and simple. While this Often a plaintiff will choose to file in his home within the European states are beyond the may seem redundant, the advantages are clear: A national trademark may be opposed as well. Under U.S. law, defendants may under unthinkable in most European jurisdictions. only based on rights valid in its country of regis- certain circumstances choose between a state At the same time, German law is unusual in tration, not just any EU country. Also, several court in which the plaintiff filed the action and providing automatic compensation for statutory national registers publish the trademark for a federal court to which the defendant has the attorneys’ fees to the winning party in opposition only after it has been fully registered option to remove the action. Would-be defendants litigation and even for the preparation of a and come into force. For instance, while that have received a cease and desist warning letter. French relief has an advantage a CTM enjoys no protection during opposition letter may also have the option of initiating a over German relief in that where an existing proceedings, a German national trademark is declaratory judgment action in a jurisdiction of injunction has been violated, the resulting fine fully protected for all the years that an opposition their choosing. may be ordered paid not to the state but to the proceeding may be pending. plaintiff. Similar choices exist for defendants in certain In practice, this means that once a CTM EU countries. In Germany, for instance, a Thinking Outside the Box: Obtaining applied for in conjunction with a German trade- defendant sued before a general civil section mark is opposed, the applicant may analyze in of a Regional Court (Landgericht) may have Relief Without Trademarks which EU countries the opponent owns rights the case removed to a section of the court that and extend the German trademark’s protection is competent to hear commercial matters. This Where trademark protection is lacking, good to other countries, thereby achieving full is a particularly interesting option if the civil trademark counsel goes beyond trademark law protection for the duration of the opposition in at section has already expressed its legal opinion and considers all types of intellectual property least some countries of interest. When in favor of the plaintiff. rights that may be involved in an opponent’s weighing the added protection provided by actions and may lead to relief for the plaintiff, an additional “backup” national registration That is not the end of a defendant’s options, even more so as one country’s law may against the expense of in-depth research and however. Not only do certain European jurisdic- provide for intellectual property rights that do prosecution, the costs of applying for a backup tions allow the recipient of a warning letter to not exist (or do not exist anymore) in another national trademark are rather low, being regularly sue the sender for a declaratory judgment, but jurisdiction. less than EUR 1,000. the court chosen in such a declaratory action may indeed take precedence over the court For example, works that are in the public domain according to U.S. copyright law may still Taking Action: Forum Shopping chosen by the owner of the actual claim in the corresponding suit for forbearance, disclosure be protected in many European jurisdictions. in Trademark Litigation or damages. This includes, without limitation, works by U.S. government employees, as well as practically Most jurisdictions provide legal venue in the This strategic move on the part of prospective every movie in the public domain in the United place in which a trademark right has been defendants obtained infamy under the States, ranging from Buster Keaton classics to violated. As long as the trademark proprietor name “torpedo suit” or “Italian torpedo.” The the original Dawn of the Dead. has properly prepared the playing field, this will reference to Italy derives from the classic regularly provide him with a choice
Load more

Recommended publications
  • Application of the Theory of Dépeçage to Upstream Oil and Gas Contracts
    University of Calgary PRISM: University of Calgary's Digital Repository Graduate Studies The Vault: Electronic Theses and Dissertations 2018-03-29 Application of the Theory of Dépeçage to Upstream Oil and Gas Contracts Karimi, Sahar Karimi, S. (2018). Application of the Theory of Dépeçage to Upstream Oil and Gas Contracts (Unpublished master's thesis). University of Calgary, Calgary. AB. doi:10.11575/PRISM/31771 http://hdl.handle.net/1880/106483 master thesis University of Calgary graduate students retain copyright ownership and moral rights for their thesis. You may use this material in any way that is permitted by the Copyright Act or through licensing that has been assigned to the document. For uses that are not allowable under copyright legislation or licensing, you are required to seek permission. Downloaded from PRISM: https://prism.ucalgary.ca UNIVERSITY OF CALGARY Application of the Theory of Dépeçage to Upstream Oil and Gas Contracts by Sahar Karimi A THESIS SUBMITTED TO THE FACULTY OF GRADUATE STUDIES IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF LAWS GRADUATE PROGRAM IN LAW CALGARY, ALBERTA MARCH, 2018 © Sahar Karimi 2018 Abstract Determination of the applicable law in upstream oil and gas contracts plays an important role with regards to the parties’ rights and liabilities. There are various approaches regarding the choice of applicable law and different theories have been expressed relating to choice-of-law provisions. This research explores one of these theories called Dépeçage in private international law and conflict of law. The theory of Dépeçage is a concept in private international law that refers to the process of cutting a case into individual issues whereby each issue is constrained to a different applicable choice-of-law analysis.
    [Show full text]
  • Conflict of Laws. Jurisdiction of the Subject-Matter. Collateral Attack
    RECENT CASES Conflict of Laws-Jurisdiction of the Subject-Matter-Collateral Attack-[Fed- eral].-The plaintiff sued in an Illinois court to collect on bonds which had been guar- anteed by the defendant. In a previous bankruptcy proceeding a federal court con- firmed a reorganization plan providing for a cancellation of the defendant's guarantee of the bonds. While the state action was pending, the plaintiff petitioned the federal court to modify its decree on the ground that it had no power to release the guarantor under the Bankruptcy Act. The petition was denied and no appeal was taken. Sub- sequently the defendant pleaded the decree of the federal court as a bar in the state action. The Supreme Court of Illinois affirmed judgment for the plaintiff. On cer- tiorari to the Supreme Court, held, reversed. A court's adjudication of its jurisdiction over the sub~ect inatter, where the issue has been contested, is resjudicatain a subse- quent action. Stoll v. Gottlieb.x Previous decisions have established that a court's judgment as to its jurisdiction over the person, where actually contested, may be resjudicataand impregnable to col- lateral attack.2 Whether or not the same results would be reached in the case of decisions on jurisdiction of the subject-matter, which present more acute theoretical difficulties, has been doubtful until the instant decision.3 In extending the doctrine of res judicata to controversies over jurisdiction of the subject-matter, which have been contested,4 the Supreme Court has taken another step in overruling the classical dogma that jurisdictional questions are always open to collateral inquiry.
    [Show full text]
  • Guide to Jurisdiction in OSHA, Region 10 Version 2018.2
    Guide to Jurisdiction in OSHA, Region 10 Version 2018.2 General Principles - Federal civilian employers are covered by OSHA throughout the four-state region. State, county, municipal and other non-federal public employers (except tribal government employers) are covered by state programs in Washington, Oregon, and Alaska. There is no state program in Idaho, and OSHA’s coverage of public employers in Idaho is limited to the federal sector. OSHA regulates most private employers in Idaho with exceptions noted below. Industry / Location State Coverage OSHA Coverage Air Carriers1 Washington, Oregon and Alaska: Air Washington, Oregon and Alaska: carrier operations on the ground only. Aircraft cabin crewmembers’ exposures to only hazardous chemicals (HAZCOM), bloodborne pathogens, noise, recordkeeping, and access to employee exposure and medical records. Idaho: Air carrier operations on the ground. Aircraft cabin crewmembers’ exposures to only hazardous chemicals (HAZCOM), bloodborne pathogens, noise, recordkeeping, and access to employee exposure and medical records. Commercial Diving Washington, Oregon and Alaska: Washington, Oregon, and Alaska: Employers with diving operations staged Employers with diving operations from shore, piers, docks or other fixed staged from boats or other vessels afloat locations. on navigable waters 2. Idaho: All diving operations for covered employers. 1 The term “air carrier refers to private employers engaged in air transportation of passengers and/or cargo. The term “aircraft cabin crew member” refers to employees working in the cabin during flight such as flight attendants or medical staff; however, the term does not include pilots. 2 In the state of Washington, for vessels afloat, such as boats, ships and barges moored at a pier or dock, DOSH’s jurisdiction ends at the edge of the dock or pier and OSHA’s jurisdiction begins at the foot of the gangway or other means of access to the vessel; this principle applies to all situations involving moored vessels, including construction, longshoring, and ship repair.
    [Show full text]
  • The United States Supreme Court Limits Non-Domicile Jurisdiction Over Foreign Companies
    The United States Supreme Court Limits Non-Domicile Jurisdiction over Foreign Companies By Scott J. Hymani and Erin S. Kubotaii The inevitable risk of doing business in the United States is that one day your company may be sued. The question is: but where? Our system of federalism unfortunately suggests that where a company might be sued can be outcome determinative of the result of the case. Accordingly, foreign companies doing business in the United States have faced forum-shopping plaintiffs hailing them into Court in a state where they do business, but where neither the plaintiff nor the wrong have any nexus to the forum state. The United States Supreme Court recently put a stop to such forum-shopping Plaintiffs in Bristol-Myers Squibb Company v. Superior Court of California, 582 U.S. ___ (June 19, 2017) (“Bristol-Myers”), and clarified where a foreign business may by subject to suit. First, a brief primer on personal jurisdiction and our system of federalism is warranted. The 14th Amendment of the United States’ Constitution limits the extent to which State courts can exercise personal jurisdiction over a defendant. Personal jurisdiction is necessary in order for a State court to exercise legal authority over a party and to render a valid judgment. The defendant’s relationship to and activity in a forum State determines whether a State can exercise personal jurisdiction over a defendant. Obviously, a defendant who is domiciled in the State is subject to the State’s jurisdiction. This is called general jurisdiction. A business’s “domicile” is often regarded as its home, such as where it is incorporated or where it maintains its principal place of its business.
    [Show full text]
  • The Evolution of Forum Non Conveniens in Illinois and Recent Legislation to Limit the Doctrine
    The IDC Monograph Andrew C. Corkery Boyle Brasher, LLC, Belleville David A. Warnick Johnson & Bell, Ltd., Chicago Michael D. Gallo Bruce Farrel Dorn & Associates, Chicago Donald P. Eckler Pretzel & Stouffer, Chartered, Chicago Adam C. Carter Esp Kreuzer Cores LLP, Wheaton The Evolution of Forum Non Conveniens in Illinois and Recent Legislation to Limit the Doctrine Recent developments regarding the doctrine of forum non conveniens over the past year have forced civil litigation practitioners to consider both the Illinois appellate courts’ evolving analysis of this doctrine as well as the potential for legislation attempting to eradicate intrastate forum non conveniens as an option for defendants and courts to consider when cases are filed in technically correct but wholly inconvenient forums within the state. The purpose of this Monograph is to educate the reader as to the long history and importance of the forum non conveniens doctrine and to a recent movement to have the Illinois legislature act to take away Illinois courts’ ability to transfer cases to more appropriate counties within the State. It is well-known that certain Illinois counties are viewed as more “plaintiff-friendly,” while others are viewed as more defense-oriented. Plaintiffs have the power to choose where to file their lawsuits within the rules and laws concerning venue and jurisdiction. Illinois Supreme Court Rule 187, which allows for transfer or dismissal of cases pursuant to the doctrine of forum non conveniens, is a defendant’s check on the plaintiff’s unilateral choice, which ensures fairness and convenience to all parties. This rule has engendered a robust history of case law that continues to evolve as courts wrestle with the factors that make a county both technically correct and also fair and convenient to the parties, witnesses, jurors, and counties themselves.
    [Show full text]
  • Article Full-Text
    [Vol. 11 2008] TOURO INTERNATIONAL LAW REVIEW 23 OPTIMAL RULE -SELECTION PRINCIPLES IN ANGLO -AMERICAN CONTRACTUAL JURISDICTION Alan Reed* I. INTRODUCTION Dyspeptic individuals and corporate entities are frequently engaged in multistate litigation as a concomitant of the growing body of activity at an international and interstate level. Litigants, like moths to a flame, are increasingly drawn towards the adventitious benefits of suit before a U.S. Court, and have sought to invoke jurisdiction over non-forum residents. As a consequence the court system has striven manfully, but arguably in vain, to propagate effective substantive principles, which are distilled casuistically in a commercial arena to identify sufficient nexus between a forum state and defendant, satisfying the constitutional standards of due process. 1 A legitimate blue litmus paper template for this important venue resolution conundrum has been difficult to achieve. Interpretative problems are evident in the assimilation of relevant methodological principles. In this context it is substantive principles relating to personal jurisdiction that operate as the fulcrum for a court entering a binding judgment against an impacted party. 2 A defendant will be haled before an alien court to defend an action as a consequence of state level empowerment, through adoption of long-arm statutes. It is vital, however, that the seized court’s exercise of jurisdiction comports with the due process clause of the Fourteenth Amendment to *M.A. (Cantab.), LL.M. (University of Virginia), Solicitor and Professor of Criminal and Private International Law at Sunderland University. 1 See U.S. CONST . art. 1, § 10; Lakeside Bridge & Steel Co. v. Mountain State Constr.
    [Show full text]
  • Jurisdiction Over Federal Areas Within the States
    JURISDICTION OVER FEDERAL AREAS WITHIN THE STATES REPORT OF THE INTERDEPARTMENTAL COMMITTEE FOR THE STUDY OF JURISDICTION OVER FEDERAL AREAS WITHIN THE STATES PART I The Facts and Committee Recommendations Submitted to the Attorney General and transmitted to the President April 1956 Reprinted by Constitutional Research Associates P.O. Box 550 So. Holland, Illinois 06473 The White House, Washington, April 27, 1956 DEAR MR. ATTORNEY GENERAL: I am herewith returning to you, so that it may be published and receive the widest possible distribution among those interested in Federal real property matters, part I of the Report of the Interdepartmental Committee for Study of Jurisdiction over Federal Areas within the States. I am impressed by the well- planned effort which went into the study underlying this report and by the soundness of the recommendations which the report makes. It would seem particularly desirable that the report be brought to the attention of the Federal administrators of real properties, who should be guided by it in matters related to legislative jurisdiction, and to the President of the Senate, the Speaker of the House of Representatives, and appropriate State officials, for their consideration of necessary legislation. I hope that you will see to this. I hope, also, that the General services Administration will establish as soon as may be possible a central source of information concerning the legislative jurisdictional status of Federal properties and that agency, with the Bureau of the Budget and the Department of Justice, will maintain a continuing and concerted interest in the progress made by all Federal agencies in adjusting the status of their properties in conformity with the recommendations made in the report.
    [Show full text]
  • Arbitral-Forum-Shopping--263.Pdf
    Parallel State and Arbitral Procedures in International Arbitration Dossiers – ICC Institute of World Business Law Edited by Bernardo M. Cremades & Julian D.M. Lew The world business organization DOSSIERS OF THE ICC INSTITUTE OF WORLD BUSINESS LAW 1 PARALLEL STATE AND ARBITRAL PROCEDURES IN INTERNATIONAL ARBITRATION Published in July 2005 by ICC PUBLISHING An affiliate of the International Chamber of Commerce 38, Cours Albert 1er 75008 Paris – France Copyright © 2005 International Chamber of Commerce, ICC All rights reserved. No part of thìs work may be reproduced or copied in any form or by any means—graphic, electronic, or mechanical, including photocopying, recording, taping, or information retrieval system—without the written permission of ICC Publishing. ICC Publication 692 ISBN 92 842 1352 5 This text is the work of independent authors and does not necessarily represent the views of ICC. No legal imputations should be attached to the text and no legal responsibility is accepted for any errors, omissions or misleading statements caused by negligence or otherwise. 2 DOSSIERS OF THE ICC INSTITUTE OF WORLD BUSINESS LAW Contents FOREWORD ......................................................................................................... 5 By Serge Lazareff, Chairman, ICC Institute of World Business Law INTRODUCTION ................................................................................................... 7 By Bernardo M. Cremades, Co-Editor Contract and treaty claims and choice of forum in foreign 1 investment disputes .....................................................................13
    [Show full text]
  • Jurisdiction and Courts in Indian Country
    JURISDICTION AND COURTS IN INDIAN COUNTRY Angelique Townsend EagleWoman (Wambdi A. WasteWin) Associate Professor of Law and James E. Rogers Fellow in American Indian Law University of Idaho College of Law Email: [email protected] DETERMINING LAND STATUS & CITIZENSHIP The inquiry begins with the status of the land for any issue involving jurisdiction and American Indians. Is the land within the tribal territorial boundaries? Is the land held in trust status by the U.S.? Is the land fee simple and who is the owner? The next question is who is involved in the jurisdictional inquiry – American Indian legally defined? Non-Indian? Finally, if Non-Indian, what activity is involved? Answering these questions will lead to determining whether there is exclusive tribal jurisdiction; concurrent tribal jurisdiction with concurrent federal jurisdiction; concurrent tribal jurisdiction with concurrent state jurisdiction; or exclusive state jurisdiction. INDIAN COUNTRY DEFINED IN U.S. LAW 18 U.S.C. § 1151 (Criminal Statute part of Major Crimes Act): Except as otherwise provided in sections 1152 and 1156 of this title, the term “Indian country”, as used in this chapter, means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.
    [Show full text]
  • Ehrenzweig: Conflict of Laws, Part One: Jurisdiction and Judgments
    REVIEWS CONFLICT OF LAWS, PART ONE: JURISDICTION AND JUDGMENTS. By Albert A. Ehrenzweig. St. Paul: West Publishing Co., 1959. Pp. xxxiv, 367. $6.00. WE have become weary of being told how frequently legal questions now involve some foreign (interstate or international) element; still it must be said. Modern human affairs depend upon complex sets of arrangements which often cut simultaneously across several legal boundaries. As a consequence there are a great many occasions upon which more than one political entity is concerned with the outcome of a legal controversy. As a result it is essential to develop satisfactory patterns of accommodation. Othervise interaction between legal systems would tend to break down. At the core of accommodation lies a deep commitment to the ordering possibilities of principles of reciprocity. In fact, it can be said that rules governing interactions between legal systems are but formalized statements of various aspects of reciprocity. For interstate -elations accommodation is promoted in the United States by the unifying impact of federal authority which is available to provide authori- tative designations of what the true basis of reciprocity is in situations of dis- pute. Internationally the task is more difficult, as no comparably effective unify- ing structure is available to resolve disputes between nations. However, con- trary to the prevalent form of skepticism, patterns of accommodation have emerged as a product of distinctive techniques designed to assure fair, predict- able, and convenient outcomes in international legal controversy.1 Determina- tions favorable to national interests in an instant case may thus be outweighed by a desire to avoid subjecting national interests to the burden of an unfavor- able determination in the event that the case arises, with its facts inverted, in the foreign forum at some future time.
    [Show full text]
  • The Concepts of Habitual Residence and Ordinary Residence in Light of Quebec Civil Law, the 1985 Divorce Act and the Hague Conventions of 1980 and 1996
    SERVING CANADIANS The Concepts of Habitual Residence and Ordinary Residence in Light of Quebec Civil Law, the 1985 Divorce Act and the Hague Conventions of 1980 and 1996 Family, Children and Youth Section Research Report September 2006 The Concepts of Habitual Residence and Ordinary Residence in Light of Quebec Civil Law, the Divorce Act and the Hague Conventions of 1980 and 1996 Prepared by: Gérald Goldstein LL.D., Full Professor Faculty of Law, Univ. de Montréal Presented to: Family, Children and Youth Section Department of Justice Canada The views expressed in this report are those of the author and do not necessarily represent the views of the Department of Justice Canada. Aussi disponible en français This paper was written in French under the title, Les notions de résidence habituelle et de résidence ordinaire à la lueur du droit civil québécois, de la Loi sur le divorce et des Conventions de La Haye de 1980 et de 1996. This translation was commissioned by the Department of Justice Canada. This report may be reproduced, in part or in whole, and by any means, without charge or further permission from the Department of Justice Canada, provided that due diligence is exercised in ensuring the accuracy of the materials reproduced; that the Department of Justice Canada is identified as the source department; and that the reproduction is not represented as an official version of the original report. © Her Majesty the Queen in Right of Canada, represented by the Minister of Justice and Attorney General of Canada, 2006 TABLE OF CONTENTS OVERVIEW ................................................................................................................................... 1 PART I: HABITUAL RESIDENCE IN QUEBEC LAW AND UNDER THE 1980 AND 1996 HAGUE CONVENTIONS.........................................................
    [Show full text]
  • Choice of Law and Predictability of Decisions in Products Liability Cases Michael Ena
    Fordham Urban Law Journal Volume 34 | Number 5 Article 1 2007 Choice of Law and Predictability of Decisions in Products Liability Cases Michael Ena Follow this and additional works at: https://ir.lawnet.fordham.edu/ulj Part of the Torts Commons Recommended Citation Michael Ena, Choice of Law and Predictability of Decisions in Products Liability Cases, 34 Fordham Urb. L.J. 1417 (2007). Available at: https://ir.lawnet.fordham.edu/ulj/vol34/iss5/1 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Urban Law Journal by an authorized editor of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. Choice of Law and Predictability of Decisions in Products Liability Cases Cover Page Footnote J.D. Candidate. Fordham University School of Law 2009. I would like to thank Professor George W. Conk for his valuable advice and guidance. This article is available in Fordham Urban Law Journal: https://ir.lawnet.fordham.edu/ulj/vol34/iss5/1 \\server05\productn\F\FUJ\34-5\FUJ501.txt unknown Seq: 1 28-NOV-07 11:13 CHOICE OF LAW AND PREDICTABILITY OF DECISIONS IN PRODUCTS LIABILITY CASES Michael Ena* The tale of American choice of law principles has become the story of a thousand and one inconsistent tort cases.1 —Alan Reed INTRODUCTION The unique political landscape of the United States, where each state is a sovereign over its territory and can enact its laws within broad limits
    [Show full text]