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0 tracked cards Supplemental - Not MEE July 2026

State F court must decide whether a damages cap from State X is substantive or procedural for choice-of-law purposes. The parties disagree about characterization.
Who ordinarily performs that characterization, and under what method?

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Characterization is usually performed by the forum under its own conflict-of-laws method. Characterization always requires applying all connected states' procedural codes. Characterization is unnecessary because every rule is obviously substantive or procedural. Characterization is decided by the jury as a fact question.

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