Ex Parte U.S. Bank National Association and U.S. Bancorp. (in Re Sterne, Agee & Leach, Inc. v. U.S. Bank National…

Summary

The court held that mandamus was an appropriate means to review the denial of U.S. Bank's motion to dismiss because the complaint presented an apparent conflict between Alabama and Washington law, and applying one state's law would terminate the action. Applying lex loci delicti, the court held that Washington law governed because the malicious-prosecution claim arose from a Washington lawsuit that was terminated there in Sterne Agee's favor; Washington law therefore barred the claim. Justices Shaw and Bryan concurred specially regarding mandamus and the conflict-of-laws analysis, while Justices Murdock and Moore dissented from issuing the writ, primarily disputing whether U.S. Bank had a clear legal right to interlocutory mandamus review.