Explore the Erie doctrine and its progeny to discover whether and when federal courts sitting in diversity must apply state substantive law.
Welcome to Erie Part I: Substantive Law.
We’re about to embark on a long and perilous 3-clip journey through one of the most arcane concepts in all of civil procedure, known affectionately as the Erie doctrine. The Erie doctrine is named for the earth-shattering Supreme Court case of Erie Railroad Co. v. Tomkins, 304 U.S. 64 (1938). The core issue that the Erie doctrine deals with is what law should be applied in any given federal civil case. See Wright, et. al., 19 Fed. Prac. & Proc....