Carol E. Thouron v. Carol Victoria K. McCoy

477 F.2d 454, 1973 U.S. App. LEXIS 10293

Opinions

OPINION OF THE COURT

PER CURIAM:

The district court sitting in a diversity case in Delaware concluded that a Delaware state court would apply Pennsylvania law to the undisputed facts in this case. Since Pennsylvania has by statute abolished the cause of action for alienation of affections pleaded in the complaint, Pa.Stat.Ann. tit. 48, §§ 170, 172, the court granted summary judgment. We have concluded that the district court decided this conflict of laws issue as it would have been decided by a Delaware state court. Klaxon Co. v. Stentor Electric Co., 313 U.S. 487, 61 S.Ct. 1020, 85 L.Ed. 1477 (1941). Delaware, in resolving conflicts of laws issues, stresses particularly the desirability of certainty of operation of the rule. Friday v. Smoot, 211 A.2d 594, 595 (Del.1965). The district court’s decision is consistent with this approach, since the location of the marital domicile is certain, whereas the place where enticement succeeded often may be, and in this case is, quite uncertain. The cause of action has since been abolished in Delaware as well as in Pennsylvania. 10 Del.C Ann. § 3925. Thus, an extended discussion would have no precedential value.

The judgment of the district court will be affirmed.