When an action is transferred to a different court in a different jurisdiction under Section 1404(a) of the Civil Code of Civil Procedure, what state law applies in the other court?

MultiRegion, United States of America

The following excerpt is from Tri-Union Seafoods, LLC v. Starr Surplus Lines Ins. Co., 88 F.Supp.3d 1156 (S.D. Cal. 2015):

Courts recognize an exception to this general rule where an action is transferred to a different court under 1404(a). In such cases, the state law applicable in the original court also applies in the court where the action is transferred. See Atl. Marine, 134 S.Ct. at 582 (citing Van Dusen v. Barrack, 376 U.S. 612, 639, 84 S.Ct. 805, 11 L.Ed.2d 945 (1964) ). For example, where an action filed in federal court in California is subsequently transferred to a federal court in a different state under 1404(a), California's choice of law rules still apply in the transferee court. See id. The purpose behind this exception is to prevent a defendant from invoking 1404(a) to gain benefits under the laws of another jurisdiction. See id.

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