Login

Login

To access this feature, please Log In or Register for your Casebriefs Account.

Add to Library

Add

Search

Login
Register

CHAPTER 11

Eerie Erie

The Substance/Substance Distinction

INTRODUCTION

As “Easy Erie” suggests, the Erie doctrine is applied without substantial difficulty in most diversity cases. Erie and the Rules of Decision Act (RDA) require the federal court to apply state law, and the court does. It uses the state rules governing the standard of care to a trespasser, enforceability of contracts, the validity of wills and property transfers, and myriad other state rules of law, whether pronounced by statute or by common law.

Please or Register to view full content.

Casebriefs is concerned with your security, please complete the following