CONFLICT OF LAWS-TORTS-CHOICE OF LAW IN MULTIPLE STATE DEFAMATION

Van Domelen S.Ed., Peter

Journal: Michigan Law Review

Volume: 51

First Page: 432

Year: 1953

Bluebook Citation: 51 MICH. L. REV. 432 (1953)

Author: Peter Van Domelen S Ed: all 4 publications


Abstract

Plaintiff, a Connecticut corporation engaged in business throughout several Eastern states, brought an action for an injunction and damages arising from alleged defamatory statements broadcast over defendant's radio network. Defendant's broadcast originated in New York and was heard by listeners from Maine to North Carolina and as far west as Pennsylvania including the area in which plaintiff was carrying on its business. Defendant moved to dismiss the complaint for failure to state a claim on which relief could be granted. To rule on this motion, it was necessary to choose the appropriate governing law.

Held, the law of New York, the state of the forum, should be applied. Dale System v. General Teleradio, (D.C. N.Y. 1952) 105 F. Supp. 745.

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