NVWS Properties, LLC v. Casun Invest, A.G., a Swiss Corporation

A federal district court sitting in diversity jurisdiction must apply the forum state’s law in determining the applicable statute of limitations. Where a choice-oflaw issue arises in determining the applicable statute of limitations, and the forum state’s highest court has endorsed using the Second Restatement of Conflict of Laws to resolving such an issue, the applicable statute of limitations is that of the jurisdiction where, among other things, the benefit occurred. The question presented is: In assessing under a conflict of laws which jurisdiction’s statute of limitations applies, does it apply to the jurisdiction where all the parties resided at the time of the events giving rise to the lawsuit, or does it apply to the jurisdiction where some of the parties resided at the time the lawsuit was filed?