Patrick J. Borchers
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View article: Ford Motor Company v. Montana Eighth Judicial District Court: Lots of Questions, Some Answers
Ford Motor Company v. Montana Eighth Judicial District Court: Lots of Questions, Some Answers Open
In Ford Motor Company v. Montana Eighth Judicial District Court, the Supreme Court handed down its seventh personal jurisdiction decision in the last ten years. Ford—involving two consolidated state-court products liability suits alleging …
View article: Nebraska Choice of Law: An Updated Synthesis
Nebraska Choice of Law: An Updated Synthesis Open
In 2005, I wrote an article synthesizing Nebraska choice-of-law principles to Restatement-like principles. More than a decade on, it's time to update it. Many of the principles have stayed stable, but others need to be updated or expanded.…
View article: Kiobel's 'Touch and Concern' Test in the Eleventh Circuit (and Elsewhere) and a New Paradigm for the Extraterritorial Application of U.S. Law.
Kiobel's 'Touch and Concern' Test in the Eleventh Circuit (and Elsewhere) and a New Paradigm for the Extraterritorial Application of U.S. Law. Open
The U.S. Supreme Court's jurisprudence on extraterritoriality suffers from a deep incoherence, namely what is meant by extraterritorial application of federal law. Most often the Court gravitates to the law of the place of allegedly illega…
View article: Muddy-booted, disingenuous revolution in personal jurisdiction
Muddy-booted, disingenuous revolution in personal jurisdiction Open
Although the Supreme Court claims that its six personal jurisdictions in the last seven years have been unremarkable applications of existing law, the Court is dissembling. In fact, the Court has severely constricted plaintiff forum choice…
View article: How ‘International’ Should a Third Conflicts Restatement Be in Tort and Contract
How ‘International’ Should a Third Conflicts Restatement Be in Tort and Contract Open
From an international standpoint, American conflicts law presents two principal difficulties. One is a chaotic and unpredictable body of law of personal (judicial) jurisdiction. Personal jurisdiction in the U.S., as a result of the Supreme…
View article: Extending Federal Rule of Civil Procedure 4(K)(2): A Way to (Partially) Clean Up the Personal Jurisdiction Mess
Extending Federal Rule of Civil Procedure 4(K)(2): A Way to (Partially) Clean Up the Personal Jurisdiction Mess Open
The Supreme Court’s personal jurisdiction jurisprudence has become increasingly constricted and remains unclear on many crucial questions. However, it appears that the Court will not rethink its basic approach to determining whether the de…
View article: Is The Supreme Court Really Going To Regulate Choice Of Law Involving States
Is The Supreme Court Really Going To Regulate Choice Of Law Involving States Open
In its 1973 decision in Hall v. Nevada, the U.S. Supreme Court held that an individual injured in his home state by the agents of another state may sue that other state and that the forum-state (the location of the litigation, the injury a…
View article: An essay on predictability in choice-of-law doctrine and implications for a Third Conflicts Restatement
An essay on predictability in choice-of-law doctrine and implications for a Third Conflicts Restatement Open
Both Restatements of Conflict of Laws have been controversial. The First, completed in 1934, enshrined territorial rules, such as law of place of injury (lex loci delicti) governing tort cases. The First Restatement was under immediate…