In light of recent developments, a reexamination of the position that transferee federal law applies regardless of the context is in order. This article argues that the consensus that existed prior to the Marcus article and the Korean Air Lines case, although not based upon the most thorough analysis, comprises the better view: transferee federal law should apply after permanent but not MDL transfers.
Robert A. Ragazzo,
Transfer and Choice of Federal Law: The Appellate Model,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol93/iss4/3