Choice of Law in Tort and Contract Actions Chart

by Practical Law Litigation

A Chart identifying the choice of law test each US state and the District of Columbia uses to determine which jurisdiction's substantive law applies to a tort or contract action. This Chart addresses how courts resolve a conflict of laws, which occurs when the laws of multiple jurisdictions could apply to a dispute. It provides an overview of the primary analytical frameworks courts use, including the traditional test (lex loci), the significant relationship test from the Restatement (Second) of Conflict of Laws, and the governmental interest analysis test. This resource also recognizes that some states employ modified or blended tests, apply choice-influencing factors, or have specific statutes that govern the analysis. For both tort and contract claims, this Chart details the specific approach taken in each jurisdiction, offering practitioners a crucial tool for navigating multi-jurisdictional litigation and developing a case strategy from the outset.