Comments on: Case of the Day: Shanghai Commercial Bank v. Chang

By: James

James — Tue, 09 Jul 2019 23:45:05 +0000

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By: Ted Folkman

Ted Folkman — Fri, 23 Sep 2016 13:51:17 +0000

In reply to Stephen Woodruff. Stephen, I think that's right. Maybe the key sentence is this: "We look to the underlying transaction in performing [the Restatement] analysis." Why should that be? I wrote that the reasons for holding that Hong Kong had the most significant relationship with the underlying judgment were obvious, which is so, but I didn't address whether that was the right question to ask. My main interest was whether this entire way of thinking would have any purchase beyond the West and the Southwest, where community property is the rule.

By: Stephen Woodruff

Stephen Woodruff — Fri, 23 Sep 2016 11:45:36 +0000

I question the Washington court’s conflict of law analysis. Hong Kong may have the most significant relationship to the judgment but not to marital status and community property of Chang and his wife. It is that relationship that should govern the extent to which community property can be reached to satisfy the judgment. Hence, the judgment creditor should be able to reach the community property only if a Washington judgment creditor could reach the community property.