Case 0:17-cv-60426-UU Document 169 Entered on FLSD Docket 06/04/2018 Page 7 of 22
This test is applied “not to the collective sum of issues in dispute, but to each individual issue
which arises in the case.” Judge v. Am. Motors Corp., 908 F.2d 1565, 1578 (11th Cir. 1990).
“Thus the law of a foreign state may control one issue while the law of Florida controls another.”
Id. Section 145 provides:
(1) The rights and liabilities of the parties with respect to an issue in tort are
determined by the local law of the state which, with respect to that issue, has the
most significant relationship to the occurrence and the parties under the principles
stated in § 6.
(2) Contacts to be taken into account in applying the principles of § 6 to
determine the law applicable to an issue include:
(a) the place where the injury occurred,
(b) the place where the conduct causing the injury occurred,
(c) the domicil, residence, nationality, place of incorporation and place of
business of the parties, and
(d) the place where the relationship, if any, between the parties is centered.
These contacts are to be evaluated according to their relative importance with
respect to the particular issue.
Restatement (Second) of Conflict of Laws § 145 (1971). The contacts identified in section
145(2) are non-exhaustive and are intended to assist the court in “applying the principles of § 6.”
Section 6 provides:
(1) A court, subject to constitutional restrictions, will follow a statutory directive
of its own state on choice of law.
(2) When there is no such directive, the factors relevant to the choice of the
applicable rule of law include
(a) the needs of the interstate and international systems,
(b) the relevant policies of the forum,
(c) the relevant policies of other interested states and the relative interests of
those states in the determination of the particular issue,
(d) the protection of justified expectations,
(e) the basic policies underlying the particular field of law,
(f) certainty, predictability and uniformity of result, and
(g) ease in the determination and application of the law to be applied.
Id. § 6. Florida has no statutory directive. Accordingly, the Court begins its analysis with the
Section 145(2) contacts and will turn to the Section 6(2) factors if the Section 145(2) contacts
result in a standoff. See Grupo Televisa, 485 F.3d at 1242.
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