Abstract
[T]his Article surveys the cases applying Texas conflicts principles during the last Survey period. Although the Survey period only extends from October 1, 1991 through September 30, 1992, the Article discusses a Texas Supreme Court case from Summer 1991: Maxus Exploration Co. v. Moran Brothers, Inc. Maxus is an appropriate starting point because it illustrates the complexity of choice of law analysis. Additionally, Maxus shows the practitioner that courts do not always do as they say when addressing choice of law issues.
Conflict of laws encompasses more than just choice of law. Properly understood, conflict of laws describes generally the body of law dealing with the questions of when and why the courts of one jurisdiction take into consideration the elements of foreign law or fact patterns in a case or consider the prior determination of another state or of a foreign nation in a case pending before them. Accordingly, this Article also surveys developments in Texas law in the following areas: personal jurisdiction; recognition of foreign judgments; and retroactivity.