Document Type

Article

Publication Year

1989

Journal Title

Southwestern Law Journal

Abstract

Conflicts of law occur when foreign elements appear in a lawsuit. Nonresident litigants, incidents in sister states or foreign countries, and lawsuits from other jurisdictions represent foreign elements that may create problems in judicial jurisdiction, choice of law, or recognition of foreign judgments, respectively. This Article reviews Texas conflicts of law during the Survey period from late 1987 through 1988. The survey includes cases from Texas state and federal courts. Excluded are cases involving federal state conflicts, criminal law, intrastate matters such as subject matter jurisdiction and venue, and conflicts in time, such as the applicability of prior or subsequent law within a state.

During the Survey period, the Texas Supreme Court effected no significant changes or additions to jurisdictional jurisprudence, but the Northern District of Texas did craft a rule for personal jurisdiction in federal question cases when nationwide service of process is authorized. Cases decided during the Survey period also exhibited both the use of rule 108 as a substitute for the Texas long-arm statute and the difficulty in imputing jurisdictional contacts between parent and subsidiary corporations. Choice of law highlights include a controversial rejection of a Florida noncompetition agreement, as well as the United States Supreme Court's sequel to a 1985 opinion on legislative jurisdiction. Foreign judgments offered three noteworthy cases but no developments.

First Page

431

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