Court Gets the Diversity Case Choice of Law Analysis Right:

Court Gets the Diversity Case Choice of Law Analysis Right: Part I | McGuireWoods LLP


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As in other areas, a privilege analysis should always start with a choice of law assessment. In federal courts, federal common law governs federal question cases' privilege issues. In diversity cases, many federal courts reflexively apply their host jurisdiction's privilege law. This is wrong.
In
Parimal v. Manitex International, Inc., the court refreshingly recognized that in "resolving [whether Connecticut or Illinois privilege law applied] the Court must apply Connecticut choice of law principles." Civ. No. 3:19CV01910 (MPS), 2021 U.S. Dist. LEXIS 20429, at *6 (D. Conn. Feb. 3, 2021). After carefully describing both states' privilege laws, the court dealt with the most obvious difference — "Connecticut generally provides greater protection to corporate communications," because Illinois is one of the few states rejecting the

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