- Court: Oregon Court of Appeals
- Area(s) of Law: Civil Procedure
- Date Filed: 06-20-2018
- Case #: A159821
- Judge(s)/Court Below: Tookey, J. for the Court; DeHoog, PJ.; & Hadlock, J.
- Full Text Opinion
Defendant appealed the trial court’s judgment of summary judgment on its claim for an account stated. Defendant assigned error to the trial court’s grant of plaintiff’s motion of summary judgment as well as its denial of defendant’s motion for summary judgment. On appeal, defendant argued that the trial court should have used Virginia’s three-year limitation period rather than Oregon’s six-year period. “The threshold question in a choice-of-law problem is whether the laws of the different states actually conflict.” Spirit Partners, LP v. Stoel Rives LLP, 212 Or App 295, 301, 157 P3d 1194 (2007). The Court of Appeals held that the laws of Oregon and Virginia conflicted and applied the choice of law provision in the contract. Reversed.