Choice of Law in the American Courts in 2024

This is the Thirty-Eighth Annual Survey of American Choice-of-Law Cases. It was written at the request of the Association of American Law Schools Section on Conflict of Laws1 and is intended as a service to fellow teachers and to students of conflicts law, both inside and outside the United States. Its purpose remains the same as it has been from the beginning: to inform, rather than to advocate. This Survey covers cases decided by American state and federal appellate courts during 2024. In Goguen v. NYP Holdings, Inc.,2 the Montana Supreme Court held that, under Montana’s choice-of-law rules, New York law ­governed claims of privilege in a defamation action. In 2021, the New York Post ran an article about two lawsuits alleging sexual misconduct filed against Michael Goguen, a venture capitalist living in Montana. The article repeated allegations in the complaints, while noting that Goguen prevailed in the suits. When Goguen sued for defamation, the Post claimed that the article was protected by New York’s fair report privilege. Both New York and Montana have codified this privilege. New York’s privilege is absolute, whereas Montana’s can be defeated by showing actual malice.

Choice of Law · Legislation · Preference · Work (physics) · Legal Systems and Judicial Processes