Replies

"Actually, I would be surprised if a Maryland court did not enforce it."

Yes, that's right. When I first read the story, I thought it said that the affair actually happened in Maryland. After reading it again, I don't think it did, but I'm not entirely positive.

Initially, I thought that there's no way a MD Court is going to enforce a NC judgment based on a NC tort law for something that happened in Maryland. Right?

Would they enforce a judgment for a NC tort judgment based on actions on NC? Sure.

Of course, this underscores how archaic these alienation of affection claims really are. How a state can hold responsible a third party for the dissolution of a two-party contract, is truly mystifying.

Initially, I thought that there's no way a MD Court is going to enforce a NC judgment based on a NC tort law for something that happened in Maryland. Right?

It seems from the article that it happened while the defendant was visiting in NC. Even if it had happened in MD, though, the only real issue concerning the enforceability of the judgment in MD is whether the NC court had personal jurisdiction over the MD defendant. It seems like they did, and if she made a general appearance to defend the suit in NC, then any objection to personal jurisdiction is waived anyway.

One would probably have a good argument that, if the tort occurred in Maryland, that Maryland law should have applied. However, that argument would have to be made under NC's laws concerning conflict of laws and would have to be argued on appeal in NC, not in an MD court. Conflict of laws analysis is done under lex fori.

Also, I mentioned a "repugnance to public policy" exception to the Full Faith and Credit clause last night, but I was wrong (largely due to the fact that I was several beers deep at that point). There is a public policy exception to the enforcement of contracts under FF&C, and there is a public policy exception to enforcement of judgments rendered in other countries, but there is no public policy exception to the enforcement of judgments under the FF&C clause.

So, unless she can show lack of personal jurisdiction, fraud on the court, or one of the other very narrow exceptions to enforcement of judgments under FF&C, then the MD court has to enforce it, even if the NC court wrongly applied NC law.