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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 ...
The Erie Doctrine, adopted in 1938, held that while Federal law was determinative in procedural matters, state law should control for substantive matters, thus preventing 'forum shopping' between state and Federal courts. The defendant in Guaranty Trust argued that the plaintiff's action was time-barred under a New York statute of limitations ...
Swift v. Tyson, 41 U.S. (16 Pet.) 1 (1842), was a case brought in diversity in the Circuit Court for the Southern District of New York on a bill of exchange accepted in New York in which the Supreme Court of the United States determined that United States federal courts that heard cases brought under their diversity jurisdiction under the Judiciary Act of 1789 must apply statutory state laws ...
Because of Congress's intervention in 1973 and subsequent years, the Act's rulemaking powers granted to the judiciary have been reduced, causing the Act to command less importance in recent years. However, the Act makes it very difficult for litigants to challenge the constitutional validity of the Federal Rules under the Erie Doctrine. Hanna v.
Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), was a landmark U.S. Supreme Court decision in which the Court held that the United States does not have a general federal common law and that U.S. federal courts must apply state law, not federal law, to lawsuits between parties from different states that do not involve federal questions.
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.
To maintain liquidity while earning a competitive interest rate, you can transfer your CD funds into a high-yield savings account, money market account or other savings account. When it might make ...
A state court hearing an admiralty or maritime case is required to apply the admiralty and maritime law, even if it conflicts with the law of the state, under a doctrine known as the "reverse-Erie doctrine." The Erie doctrine, derived from Erie Railroad Co. v. Tompkins, directs that federal courts hearing state actions must apply state law. The ...