Section 187(2) Restatement (Second) of Conflict of Laws.

Co-author Gunner West

Yes … sometimes. In ConocoPhillips Company v. Totem Well Service, the U.S. District Court for the Southern District of Texas applied New Mexico law to an oilfield indemnity dispute, voiding the Master Service Agreement’s indemnification clause calling for Texas law to govern.

The facts

ConocoPhillips, headquartered in Texas, hired Totem, based