Can a choice of law analysis be conducted at the motion to dismiss stage?

MultiRegion, United States of America

The following excerpt is from Czuchaj v. Conair Corp., CASE NO. 13-CV-1901-BEN (RBB) (S.D. Cal. 2014):

The question of whether a choice-of-law analysis can be properly conducted at the motion to dismiss stage depends on the individual case. Hamby v. Ohio Nat 7 Life Assur. Corp., No. 12-122, 2012 WL 2568149, at *2 (D. Haw. June 29, 2012) ("Some courts have, under certain circumstances, declined to conduct choice of law analyses when deciding motions to dismiss . . . But courts need not wait for discovery before conducting choice of law analysis where the pleadings, construed in plaintiff's favor, contain all necessary facts.").

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