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Choice Of Law In Ohio: Two Steps Routinely Missed, Richard S. Walinski

Akron Law Review

At last tally, courts in fewer than half of the states look to the Restatement (Second) Conflict of Laws for any part of their choice-of-law rules. Ohio, however, is in the minority that does. In fact, Ohio has endorsed the Restatement (Second) with surprising enthusiasm. The Supreme Court of Ohio took the unusual step of announcing in 1984 and again in 2007 that it has “adopted” the Restatement (Second) “in its entirety” for resolution of all conflict-of-law questions that arise in this state.

Despite the court’s wholesale endorsement of the Restatement (Second), the courts of Ohio—including the supreme court itself—do …