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The Erie doctrine is a fundamental legal doctrine of civil procedure in the United States which mandates that a federal court called upon to resolve a dispute not directly implicating a federal question (most commonly when sitting in diversity jurisdiction, but also when applying supplemental jurisdiction to claims factually related to a federal question or in an adversary proceeding in ...
Hanna v. Plumer, 380 U.S. 460 (1965), was a decision by the Supreme Court of the United States, in which the Court further refined the Erie doctrine regarding when and by what means federal courts are obliged to apply state law in cases brought under diversity jurisdiction.
Later opinions limited the application of Erie to substantive state law; federal courts can generally use the Federal Rules of Civil Procedure while hearing state law claims. It can be a problem for federal courts to know what a state court would decide on an issue of first impression (i.e., one not previously considered by state courts).
Thus, it is not Erie but the REA which created the distinction between substantive and procedural law. Thus, while state substantive law is applied, the Federal Rules of Civil Procedure and the Federal Rules of Evidence still govern the "procedural" matters in a diversity action, as clarified in Gasperini v. Center for Humanities (1996). The ...
The Right-to-Know Law allows a judge to order a public agency that lost a case under the law to pay the winner's legal fees. The winner must show the public agency acted in bad faith by refusing ...
Erie County Executive Brenton Davis is refusing to certify the availability of the funds, which, procedurally, must be done before council approves a supplemental appropriation.
Generally, the Erie doctrine requires the Federal court to predict how the courts of a given state would rule and decide a given issue. Many states, however, allow certified questions to be addressed from the Federal court to the appellate court or state supreme court of that state, allowing the state court to decide those questions of law.
The two convicted Erie drug kingpins are linked in infamy and in hope. They remain the only drug defendants ever sentenced to life terms in U.S. District Court in Erie — though those sentences ...