Legal Opinion · Dissent
Abendschein v. Farrell
Michigan Court of Appeals
Decided September 30, 1968No. Docket 3,393Published
1DissentLevin, P. J.
I agree with my brothers that the doctrine of lex loci delicti is obsolete. Our principal disagreement concerns our reviewing function. In my opinion, merely because the Michigan Supreme Court has not formally repudiated lex loci does not bind us to await its decision if we are convinced that were it passing on the question today the Supreme Court would adopt another approach to the choice-of-law problem.
1
Judge Gillis’ opinion fully demonstrates that thosé courts which have felt themselves free to reexamine the question have repudiated lex loci delicti.
“No conflict of laws authority in…
2Cases cited29 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- West Virginia State Board of Education v. BarnetteSupreme Court of the United States · 1943
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Bernhardt v. Polygraphic Co. of America, Inc.Supreme Court of the United States · 1956
- Spector Motor Service, Inc. v. McLaughlinSupreme Court of the United States · 1944
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