When there is more than one state, or more than one jurisdiction (state court, federal court) with a significant relationship to the parties and circumstances involved in a lawsuit or dispute, the question may arise as to which state or jurisdiction’s laws will govern the lawsuit or dispute. The body of law that determines what law governs a dispute is called conflict of laws and consists of legal principles courts use to determine which state or jurisdiction’s law applies—unless the parties to a dispute have agreed (usually in a contract) on what law will apply.
In Louisiana (LA), as in other states, the body of law known as 'conflict of laws' or 'choice of law' is used to determine which jurisdiction's laws will apply to a lawsuit or dispute when multiple states or jurisdictions have a significant relationship to the case. Louisiana's conflict of laws rules are particularly unique due to its civil law tradition, which differs from the common law system used in the rest of the United States. The state's Civil Code and case law provide the framework for resolving these issues. When parties have not predetermined the governing law in a contract, Louisiana courts will consider various factors, such as the connection of each state to the parties and the issues, the policies and interests of the involved jurisdictions, and the principles of fairness and predictability in determining which state's laws should apply. In cases involving federal jurisdiction, federal courts may apply Louisiana's conflict of laws rules or federal choice of law principles, depending on the nature of the case and the specific legal issues involved.