Legal Opinion

Chesapeake Supply & Equipment Co. v. J.I. Case Co.

District Court, E.D. Virginia

Decided November 23, 1988No. Civ. A. 88-1046-APublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM OPINION

ELLIS, District Judge.

Introduction

This case is a striking example of the potency of choice of law rules in a multi-state contract context. It is a reminder that parties act at their peril when they fail to make explicit their choice of law and instead leave that decision to the conflicts rules of some future, perhaps unforeseen, forum.

The precise choice of law issue presented here is whether Maryland, Virginia, or Wisconsin law applies to a heavy equipment dealer contract (“Agreement”) executed in Maryland and Wisconsin, delivered in Maryland, and performed in Maryland,…

2Cases cited44 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. Kaczorowski v. Mayor of BaltimoreCourt of Appeals of Maryland · 1987
  4. Frye v. CommonwealthSupreme Court of Virginia · 1986
  5. Carroll v. LanzaSupreme Court of the United States · 1955

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3Cited by19 opinions

  1. George Hengle v. Sherry TreppaCourt of Appeals for the Fourth Circuit · 2021
  2. In Re VaronaUnited States Bankruptcy Court, E.D. Virginia · 2008
  3. Jesselson v. Outlet Associates of Williamsburg, Ltd. PartnershipDistrict Court, E.D. Virginia · 1991
  4. Vollmar v. CSX Transportation, Inc.District Court, E.D. Virginia · 1989
  5. Blue Cross & Blue Shield Ass'n v. Group Hospitalization & Medical Services, Inc.District Court, E.D. Virginia · 1990

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