Plaintiff is a Vietnamese corporation. Defendant is the corporation's former president and a Texas resident. Defendant filed a third party complaint against a Vietnamese citizen. There was a choice of law dispute as to whether the court should apply Vietnamese law or Texas law. Applying the most significant relationship test, the court found that Vietnamese law should apply. Then court decided a number of dispositive motions (motion to dismiss and motion for summary judgment) based on Federal Rules of Civil Procedure.
Choice of law is always at least a little bit surreal. Do we seriously believe that a Texas court can properly apply Vietnamese law? And just how much Vietnamese law is the court applying, when the court decides mostly based on the Federal Rules?
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