首页>
外文期刊>Journal of Air Law and Commerce
>SISYPHUS, THE BOULDER, AND THE CHOICE-OF-LAW HILL: THE ANALYTICAL FRAMEWORK FOR RESOLVING THE UNUSUAL AND COMPLEX CHOICE-OF-LAW ISSUES THAT CAN ARISE WHEN THE UNITED STATES IS A PARTY IN AN AVIATION CASE
【24h】
SISYPHUS, THE BOULDER, AND THE CHOICE-OF-LAW HILL: THE ANALYTICAL FRAMEWORK FOR RESOLVING THE UNUSUAL AND COMPLEX CHOICE-OF-LAW ISSUES THAT CAN ARISE WHEN THE UNITED STATES IS A PARTY IN AN AVIATION CASE
The inclusion of the United States as a defendant in an aviation case can greatly complicate the choice-of-law issues. These issues will be straightforward, or at least no more complex than with private defendants, when the forum is also the place where the government's negligence is alleged to have occurred. When the government's negligence occurred outside the forum, counsel for plaintiff should be aware that the choice-of-law rules applicable to the United States are those of the state where the negligence took place, not those of the forum state. In a multiparty action involving allegations of government negligence outside the forum, there is the potential for a different choice-of-law approach to apply to the claims against the United States than the approach that applies to the claims against the private defendants, a more likely occurrence these days as states increasingly create their own approaches by blending various methodologies. Another layer of complexity is added when the governmental negligence occurred in more than one jurisdiction. If the pertinent jurisdictions' choice-of-law rules do not conflict, then the court need not select between competing choice-of-law rules as to the claims against the United States. If the potentially applicable substantive laws do not conflict, then the court need not even apply those choice-of-law rules. But if the choice-of-law rules and the substantive laws conflict, then a court could follow any one of the numerous approaches that have been tried to resolve the problem of which jurisdiction's choice-of-law rules to select and apply to the claims against the United States.
展开▼
