Statutes of Limitations (and more on the substance/procedure distinction)


1) Bournias is an example of an exception to the 1st Restatement rule that the forum’s statute of limitations applies. Does the exception make sense? To answer this one really needs to think about why statutes of limitations exist. What purposes do they serve? How do these purposes help us decide which state’s statute of limitations law applies? Is the only choice of a statute of limitations between that of the forum or of the state whose substantive law is being applied? What about the law of the domicile of the defendant?


2) What reasons are there to treat a direct action statute as substantive or procedural? The parol evidence rule?


3) What happened in the Marie v. Garrison case (p. 60 in both the 7th and 8th eds.) (which is, incidentally, one of my very favorite cases)?