Filed October 12, 2007
The Court should reject Dell’s choice-of-law provision because “the interests of the forum state are ‘materially greater’ than those of the chosen state, and the forum state’s 7 Richardson relies on Southwestern Refining Co. v. Bernal, 22 S.W.3d 425, 435 (Tex. 2000). In Bernal, the Texas Supreme Court overruled another case, Life Ins. Co. of the Southwest v. Brister, 722 S.W.2d 764, 774 (Tex. App. 1986), that had cited California law on reliance with approval. Thus, Texas federal and state courts have plainly rejected long-established the California law of reliance, and the 2006 case provides the most recent ruling from Texas courts on reliance.