Charles S. Barker Express Golf, Inc. v. Golf U.S.A., Inc.

I respectfully dissent. As a preliminary matter, I believe that Missouri law, rather than Oklahoma law, applies. “Federal district courts must apply the choice of law rules of the state in which they sit when jurisdiction is based on diversity of citizenship.” Whirlpool Corp. v. Ritter, 929 F.2d 1318, 1320 (8th Cir.1991) (citing Klaxon Co. v. Stentor Elec. Co., 313 U.S. 487, 496, 61 S.Ct. 1020, 85 L.Ed. 1477 (1941)). We review de novo the district court’s determination of which state’s law to apply. See Salve Regina College v. Russell, 499 U.S. 225, 230, 111 S.Ct. 1217, 113 L.Ed.2d 190 (1991).