Choice of law issues in Piper Aircraft v. Reyno

DEF’T

BASIS FOR TRANSFER

RELEVANT COL
PRINCIPLES

DISTRICT COURT

THIRD CIRCUIT

Piper

(PA)

1404(a)

• SMJ ok
• Venue ok
• PJ not contested

Both District Court and Court of Appeals agree: use California state COL principles for Piper.

Rule employed: use COL principles of transferor (original) court when that court had PJ and venue.

California COL requires use of Pennsylvania tort law.

(DCT and COA agree)

California COL requires use Pennsylvania tort law

(DCT and COA agree)

Hartzell

(OH)

Goldlawr

• SMJ ok
• Venue ok
• PJ lacking

Both District Court and Court of Appeals agree: use Pennsylvania state COL principles for Hartzell (because PJ was lacking in transferor court)

Rule employed: use COL principles of transferee (destination) court when venue or PJ was lacking in transferor court.

Pennsylvania COL requires use of Scottish tort law

(DCT and COA disagree)

Pennsylvania COL requires use of Ohio tort law

(DCT and COA disagree)