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ARTICLE · 06 MAY 2009

Supreme Court Docket Report - May 4, 2009 - October Term

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Under the well-known rule of Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), federal courts exercising diversity jurisdiction apply state substantive law and federal procedural law. As the Supreme Court has noted in subsequent cases, distinguishing between substance and procedure can be challenging.

United StatesLitigation, Mediation & Arbitration
Andrew Tauber
Andrew Tauber
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Originally published May 4, 2009

Keywords: Erie Doctrine, diversity jurisdiction, class actions, Shady Grove Orthopedic Associates, federal jurisdiction, Supreme Court

Today the Supreme Court granted certiorari in one case of interest to the business community:

Erie Doctrine—Class Actions

Under the well-known rule of Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), federal courts exercising diversity jurisdiction apply state substantive law and federal procedural law.  As the Supreme Court has noted in subsequent cases, distinguishing between substance and procedure can be challenging.  In Shady Grove Orthopedic Associates v. Allstate Insurance Co. (No. 08-1008), in which certiorari was granted today, the Supreme Court will again consider which laws apply to the adjudication of state-law claims in federal court.

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