The Cooper Court wrote:
Quote Quoting Cooper v. Shealy, 140 N.C. App. 729, 537 S.E.2d 854 (2000)
However, we note that the issue of determining which state's substantive law is applicable to plaintiff's laims for alienation of affections and criminal conversation is not before us. For instance, since alienation of affections is a transitory tort, the substantive law of the state where the tort occurred is the applicable law. See Darnell v. Rupplin, 91 N.C. App. 349, 371 S.E.2d 743 (1988). Therefore, plaintiff must prove that the tortious injuries, defendant's alienation of her husband's affection and criminal conversation, occurred in North Carolina before North Carolina substantive law can be applied. Id. Nevertheless, we find that North Carolina has jurisdiction to hear this case.
In other words, the question of jurisdiction and choice of law are separate. Cooper suggests that North Carolina may have jurisdiction to entertain a properly plead "alienation of affection" claim, but that if the intercourse occurred exclusively in a different state that North Carolina would decide the case under that other state's laws (and, if that state has no such law, the implication is that there would be no recovery).