Free US Law Dictionary
BETA
Erie Doctrine
The Erie Doctrine provides that a federal court sitting in diversity jurisdiction over a state law claim must apply state substantive common law in resolving the dispute. The Erie doctrine is a fundamental legal doctrine of civil procedure in the American legal system that stems from Supreme Court Justice Louis Brandeis' watershed opinion in the landmark decision of Erie Railroad Co. v. Tompkins 304 U.S. 64 (1938). That decision overturned a previous decision of the court, Swift v. Tyson, which allowed federal judges sitting in a state to ignore the common law local decisions of state courts in the same state, in cases based on diversity jurisdiction.
Brandeis' opinion in Erie is usually considered his most influential, and Erie itself is one of the most often cited cases in federal judicial opinions.
"What is the Erie Doctrine?"
Click here to read Cincinnati Prof. Adam Steinman's recent article: What is the Erie Doctrine? (And What Does it Mean for the Contemporary Politics of Judicial Federalism?)...
Prof. Steinman Posts Article on Erie Doctrine
Professor Adam Steinman has just posted his latest Article, entitled What is the Erie Doctrine? (And What Does It Mean for the Contemporary Politics of Judicial Federalism?), on SSRN...
Prof. Sherry Posts Essay on CAFA's Impact on Erie Doctrine
Professor Suzanna Sherry has posted her essay Overruling Erie: Nationwide Class Actions and National Common Law on SSRN. Here is the Abstract:In this essay, part of a symposium on the Class Action Fairness Act, I argue that CAFA should be read as having overruled Erie Railroad Co...
A new look at the “Erie doctrine”: Shady Grove Orthopedic v. Allstate Insurance, Argument Preview
The Supreme Court will hear oral argument at 11 a.m. Monday in Shady Grove Orthopedic Associates v. Allstate Insurance Co...
D.C Circuit Issues Primer on Unilateral Change Doctrine and Majority Status Doctrine
I bring Kravis Center v. NLRB, ___F.3d___(D.C. Cir. Dec. 30, 2008), because the court does a nice job in reviewing several fundamental principles of labor law, including the long standing unilateral change doctrine and the presumption that a union maintains...
Canadian Constitutional Law #10: Ancillary Doctrine, Double Aspect Doctrine
In this podcast we celebrate the conclusion of my memo by studying two more doctrines! The Ancillary (also called Necessarily Incidental) doctrine is sometimes used to uphold a specific provision that infringes on another government’s jurisdiction when the provision is part of a larger valid scheme...
What is comparative negligence and strict liability in tort law?
A. comparative negligence
B. seller sells to buyer
B. defense of ...
#1 Online Legal Resource
What is comparative negligence and strict liability in tort law?
A. comparative negligence
B. seller sells to buyer
B. defense of ...
 |
|
Contact Us | About Us | Celebrity Law Blog |
Our Partners | Disclaimer
| Law Blog Directory
| Law Jobs
| Law Tweets
| GoDaddy Hosting
All original material © 1999-2009 by USLaw.com. |