Venue: |
SCOTUS
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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.. |
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Posture: |
On certiorari from 2nd circuit's affirmation of a big trial verdict
for Tompkins. |
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Issue: |
Should the doctrine of Swift v. Tyson under which federal
courts ignore state caselaw be overruled? |
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Holding: |
Yes. Reversed and remanded. |
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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. |
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Reasoning: |
Diversity is being used as a tactic not to protect non-citizens (its
intent), but to beat up on citizens of a state. |
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Dicta: |
Reed, concurring: it's hard to decide what's substantive vs. what is
procedural. |
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