Conflict of Laws (1986)

Abstract

Conflicts of law occur when foreign elements appear in a lawsuit. Nonresident plaintiffs or defendants, incidents in other state or countries, and lawsuits outside of Texas are all foreign elements that may create conflicts problems with judicial jurisdiction, choice of law, or the recognition and enforcement of foreign judgments. This Article will review Texas conflicts of law during the Survey period from late 1984 through 1985. The Survey includes cases from Texas state and federal courts, and non-Texas cases affecting Texas practice. During the Survey period, judicial jurisdiction continued its uncertain theoretical expansion, with Texas courts raising important questions. Foreign judgments law had a more orderly development as the courts applied the uniform foreign judgments acts, now recodified in the new Texas Civil Practice and Remedies Code. Choice of law had no fundamental changes, but some Texas courts groped with the application of the most significant relationship test from the Restatement (Second) of Conflict of Laws