Davis v. Furlong

I respectfully dissent. I would extend the Milkovich doctrine to include procedural issues. The third of the five choice-influencing considerations adopted in Milkovich is “simplification of the judicial task.” 295 Minn. at 161, 203 N.W.2d at 412. That consideration embodies the raison d’etre of the lex fori doctrine and its application will serve the purposes formerly served by the common-law rule. But there are stronger reasons for extending the Milkovich methodology to all conflict-of-law questions. Rules of law do not fall neatly on either side of the substantive-procedural line. They…