General Telephone Company of the Southeast v. J.B. Trimm, D/B/A Trimm Contracting Company

The appeal in this diversity case concerns whether Georgia continues to adhere to the traditional rule of lex loci contractus in conflicts of law cases or whether Georgia has adopted the Restatement (Second) of Conflicts “center of gravity” system. We hold that if lex loci be the Georgia rule the district court should have applied Georgia contract law. We, nevertheless, certify the question of which system a Georgia court would apply to the Georgia Supreme Court, and, should Georgia law apply, the question of whether Georgia law prohibits enforcement of a contractual indemnity provision…