http://www.indianalawjournal.org en-us N/A admin@indianalawjournal.org Tue, 06 Jan 2009 04:14:55 EST 20 http://www.indianalawjournal.org/articles/22/1/Simon-Says-Time-for-a-New-Approach-to-Choice-of-Law-Questions-in-Indiana/Page1.html In Simon v. United States, the Indiana Supreme Court was asked to answer certified questions from the United States Court of Appeals for the Third Circuit pertaining to the application of Indiana choice-of-law doctrine to a dispute under the Federal Tort Claims Act.Although Simon presented the court with an opportunity to clarify its choice-of-law doctrine, the court failed to take advantage of this promising opportunity.The court emphatically rejected central tenets of modern choice-of-law doctrine, including governmental interest analysis, without offering any viable alternative for evaluating the relative importance of state contacts in resolving choice-of-law questions.In addition, the court misapplied the so-called "conduct-regulating exception" to determine that Indiana law should govern all substantive issues in the case.The court's puzzling rejection of modern doctrine leaves Indiana choice-of-law doctrine without a coherent methodology for performing the central function of any choice-of-law approach:determining the relative importance of state contacts in a dispute involving connections to multiple states. ]]> no@spam.com (Eric J. McKeown) Thu, 04 Oct 2007 21:19:52 EDT http://www.indianalawjournal.org/articles/22/1/Simon-Says-Time-for-a-New-Approach-to-Choice-of-Law-Questions-in-Indiana/Page1.html