Hughes v. Fetter
Citation: 341 U.S. 609 (1951)
Facts
A Wisconsin resident was killed in an automobile accident in Illinois. His administrator brought a wrongful death action in Wisconsin. Wisconsin’s wrongful death statute had been interpreted to apply only to deaths occurring in Wisconsin, and Wisconsin courts dismissed the claim on that basis, refusing to entertain an action based on Illinois law.
Issue
Does the Full Faith and Credit Clause require Wisconsin to open its courts to a wrongful death action arising under Illinois law?
Holding
Yes. The Supreme Court held that Wisconsin violated the Full Faith and Credit Clause by closing its courts to the Illinois-based claim. Wisconsin’s policy against applying foreign wrongful death law could not override the constitutional command to give effect to sister state law.
Rule
A state may not, without violating the Full Faith and Credit Clause, close its courts to a cause of action created by the law of another state, unless the forum state’s interest in refusing is sufficiently strong to justify the discrimination against the sister state’s law.
Significance
Hughes v. Fetter is one of the few cases where the Supreme Court held that Full Faith and Credit affirmatively requires a state to entertain a foreign cause of action. It stands in contrast to Carroll v. Lanza and illustrates when FF&C is most compulsory — when the forum has no real competing interest.