Day & Zimmermann, Inc. v. Challoner, 423 U.S. 3 (1975)

Day & Zimmermann, Inc. v. Challoner


No. 75-245


Decided November 3, 1975
423 U.S. 3

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE FIFTH CIRCUIT

Syllabus

The conflict of laws rules to be applied by a federal court in Texas must conform to those prevailing in the Texas state courts. Klaxon Co. v. Stentor Electric Mfg. Co., 313 U.S. 487. Hence, in affirming judgment for respondents (plaintiffs below) based on the Texas law of strict liability in a diversity action in a Federal District Court in Texas for death and injury from an explosion occurring in a foreign country, the Court of Appeals erred in declining to apply the Texas choice of law rules for determining what substantive law governed the case.

Certiorari granted; 512 F.2d 77, vacated and remanded.