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Critical to conflicts analysis is the notion that a court must examine the choice-of-law rules not with regard to various states' interests in general, but precisely, with regard to each state's interest in the specific question at issue in the case. Thus, courts approve the concept of 'depecage': the process of applying rules of different states on the basis of the precise issue involved.
The depecage process has recently been approved and utilized by the Court of Appeals for the Third Circuit in an aircraft products liability case involving a choice between standards of liability. Reyno v. Piper Aircraft Co., 630 F.2d 149 (3d Cir. 1980), petit. for cert. filed, (1980). Referring to depecage and the Reese article, id., the court said, with regard to California choice-of-law: Although the California Supreme Court has not explicitly adopted this method, it is implicit in that court's analysis of cases and it is consistent with modern governmental interest analysis to examine comparative governmental interests as to each issue, to the extent the issues are separable and the balance of comparative interests may vary. Reyno, at 167.
Depecage has also been endorsed by many conflicts scholars. See ...
