Ed-vise: Choice of Law

A smoked GOOD MORNING!!! to you all! Yup, yesterday was a tough workout day. Morning cardio with afternoon jits made for some tough rolling! Was a bit exhausted but dopamine felt wonderful!

Technically Talkin Tuesday Ed-vise today. Cause it’s TUESDAY…TECHNICALLY!

So, I promised some legal talk about the ability of Oklahoma plaintiffs to sue out of state doctors for performing abortions. So, here goes.

In the Oklahoma law, it says that if an abortion is performed out of state, the venue (location of the courthouse) of the suit shall be in the location of the activity. Meaning Oklahoma plaintiffs would need to file suit wherever the abortion took place.

For purposes of this little discussion let’s just say the act occurred in Oregon.

At first, I didn’t think Oregon State Courts would be able to hear it. They can.

Then I was curious about federal courts. A person would use federal court for suits between states and other such suits like between people of different states. The federal courts could so long as they have personal and subject matter jurisdiction along with venue. The subject matter would be the challenge for a plaintiff. They would need to file and make sure that it was for $75,000.

So, in a nutshell, the state and federal courts could hear the case brought by a plaintiff under the Oklahoma bill.

Thus, a procedural challenge will probably not work. Which means the defendant would need to start looking at defenses. Which I think will come from a unique place.

In Good Ol’ ‘Murica, there is this cool thing called Choice of Law. It is a Technicality that surfaces from time to time in situations where citizens from one state try to sue citizens from another state.

When the plaintiff files in whatever Oregon court, the judge asks “what law shall we use?” If the doctor (defendant) had a good contract drawn up that stated to the effect that “all claims and causes of actions will be according to Oregon law” then Oregon law will control. Absent such language, the judge will have to make a determination whether Oklahoma or Oregon law will control.

Why? Because Oklahoma did not clarify that in the law. Furthermore, Oregon statutes make it pretty clear that if the parties agree to it, Oregon law will apply. (ORS 15.430 (1)). Last, it is kind of settled laws and statutes across ‘Murica that where the activity occurred, that location’s laws will apply. And I think Oklahoma knew this when they drafted the bill.

I’m just saying

That’s it for today. Take care of yourselves. Check in on each other and remember anyone can be an organ donor…IT JUST TAKES HEART! HAHAHAHAHA…ewwww!


Published by edhlaw

Son, husband, father, uncle, nephew, cousin

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