Choice of Law Can Be Tricky

Many people aren't aware of this fact, but at least in civil cases, courts don't always apply the law of the place they are located, even when they have jurisdiction over a case and the parties to the case. 

Sometimes, the law of the place where the court is located regarding a topic called "choice of law" directs a court to apply the law of another jurisdiction. And, when that happens, the analysis is tricky and the outcome of the choice of law decision is often hard to predict.

Former California Congressman Devin Nunes sues Georgia-headquartered, Delaware-incorporated CNN in Virginia for allegedly defamatory claims made in New York about Nunes' conduct in Austria. 

The case is transferred to New York, but still governed by Virginia choice of law, and the New York court determines that, under Virginia law, California law governs the claims. The California Congressman objects that Virginia law would have applied New York law. 

Second Circuit: Virginia law would have applied California law. Dissent: Virginia law would have applied New York law. Or maybe D.C. law.

From here.