Erie Railroad v Tompkins

1938

Venue: SCOTUS

Facts: Tompkins is walking anling the tracks, and gets hit by the open door of a car on a passing train. This knocks him under the train and his arm is severed. This took place in PA, where tortfeasors are only liable to trespassers for "wanton negligence," but the federal courts did not honor state caselaw..

Posture: On certiorari from 2nd circuit's affirmation of a big trial verdict for Tompkins.

Issue: Should the doctrine of Swift v. Tyson under which federal courts ignore state caselaw be overruled?

Holding: Yes. Reversed and remanded.

Rule: Except in matters governed by federal law, the law to be applied in any case is the law of the state, whether it comes from the courts or the legislature.

Reasoning: Diversity is being used as a tactic not to protect non-citizens (its intent), but to beat up on citizens of a state.

Dicta: Reed, concurring: it's hard to decide what's substantive vs. what is procedural.