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Erwin v. Thomas

Oregon Supreme Court

506 P.2d 494 (1973)

Relevant factsFree

Mrs. Erwin (plaintiff), a Washington resident, sued Wilbur Thomas (defendant), an Oregon resident, in Oregon state court for loss of consortium after her husband was injured in Washington by Thomas; Washington's common law barred wives from bringing such claims, while Oregon had modified that rule to permit them. The Oregon trial court, applying Washington law, ruled against Mrs. Erwin, and she appealed.

IssueFree

Whether, in choosing between the potentially applicable laws of two states, the law of the forum should apply when neither state has a vital interest in whose law controls.

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