 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Craven v. Southern Farm Bureau Casualty Insurance Co.9/9/2004
452-53, 48 S.Ct. 142, 143, 72 L.Ed. 365, 368 (1928)("the Full Faith and Credit Clause . . . requires that the judgment of a State court which had jurisdiction of the parties and the subject-matter in suit, shall be given in the courts of every other State the same credit, validity and effect which it has in the State where it was rendered, and be equally conclusive upon the merits" and "the judgment, if valid where rendered, must be enforced in such other State although repugnant to its own statutes"); Fauntleroy v. Lum, 210 U.S. 230, 237-38, 28 S.Ct. 641, 643, 52 L.Ed. 1039, 1042 (1908)(holding that Mississippi was required to enforce a Missouri judgment based upon a Mississippi transaction upon which no recovery could have been had in Mississippi; the transaction was a gambling contract in cotton futures, which was illegal and void under Mississippi law); see also Marina Assocs. v. Barton, 206 Ill. App. 3d 122, 563 N.E.2d 1110 (1990)(Full Faith and Credit Clause required that valid New Jersey judgment be recognized and enforced in Illinois even though gambling debt claim was contrary to statutes and public policy of Illinois); Speyer v. Cont'l Sports Cars, Inc., 34 Ohio App. 3d 272, 518 N.E.2d 39 (1986)(valid Texas judgment had to be enforced in Ohio, even though Ohio public policy would have precluded the original claim in its courts); Smith v. Shelter Mut. Ins. Co., 867 P.2d 1260 (Okla. 1994)(holding that a valid Arkansas judgment was entitled to full faith and credit in Oklahoma and that the Full Faith and Credit Clause requires that a valid judgment from one state be enforced or recognized in other states regardless of the public policy of the other state); Restatement (Second) of Conflicts § 117 (a valid judgment in one state of the United States will be recognized and enforced in a sister state even though the strong public policy of the latter state would have precluded recovery in its court on the original claim).
The cases relied on by Craven do not compel a contrary result. Mosko v. Matthews, 87 Colo. 55, 284 P. 1021 (1930), did not involve the Full Faith and Credit Clause, but rather was based on common law principles of comity. Further, it did not concern a valid judgment from a sister state, but instead an Oklahoma chattel mortgage. Similarly, Milhoux v. Linder, 902 P.2d 856 (Colo. App. 1995), which concerned the recognition and enforceability of a Belgian judgment in Colorado, was decided on the basis of common law comity principles. It is instructive that the division in Milhoux cited Restatement (Second) of Conflicts § 117 comment c to the effect that enforcement will usually be accorded judgments of foreign nations except where the claim is repugnant to fundamental notions of what is decent and just in the state where enforcement is sought. This comment, however, is in stark contrast to comment b to § 117, which states:
As between States of the United States, the rule of this Section [that there is no public policy exception] is one of constitutional law. Provided that the judgment is valid . . . full faith and credit requires that it be recognized and enforced in a sister State even though the original claim is contrary to the strong public policy of the sister State.
Craven's reliance on Ranger v. Fortune Insurance Co., 881 P.2d 394 (Colo. App. 1994), is similarly misplaced. Ranger did not involve the Full Faith and Credit Clause or a request to recognize a valid foreign judgment. Rather, it concerned choice of law principles under Colorado law, which is an entirely different question. See Baker v. Gen. Motors Corp., supra, 522 U.S. at 233, 118 S.Ct. at 664 ("A court may be guided by the forum State's 'public policy' in determining the law applicable to a controvers
Page 1 2 3 4 5 Colorado Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|