· 2/18/2010
McCann v. Foster Wheeler LLC
Citations
- 48 Cal. 4th 68
- 225 P.3d 516
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Oklahoma had an interest in applying its statute of repose to a products-liability action involving improvements to real property in Oklahoma, even though the defendant was not an Oklahoma company
- recognizing that although California no longer uniformly applied the law of the jurisdiction in which the allegedly tortious conduct occurred, Oklahoma’s interests “would be more impaired if its law were not applied” as the plaintiff’s exposure to asbestos occurred in Oklahoma
- determining that law of state of exposure to asbestos governs rather than law of state where diagnosis of mesothelioma occurred
- pointing out that the geographic location of an omission is the place of the transaction where it should have been disclosed
- “[T]he earlier methodology for resolving choice-of-law issues has been replaced in this state by the governmental interest mode of analysis.”
- governmental interest test, a product of common law, does not apply when the California legislature has passed a statute that 22 unambiguously resolves the choice of law issue
Source: CourtListener parenthetical corpus (CC0).
Judges: George
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.