Hana v Plumer

1965

Venue: SCOTUS

Facts: Car crash between citizens of different states. Injuries (and maybe a death? hard to say).

Posture: Appeal from dismissal. Reversed?

Issue: In a diversity case, does service have to be under Rule 4, or can we use the state procedure?

Holding: Rule 4. Reversed.

Rule: If a federal rule of procedure is both constitutional and within the scope of the Rules Enabling Act, it sets the standard that federal courts should follow.

Reasoning: If there's no conflict with state procedure, then there's no problem. But if there is, Erie recognizes the authority of federal procedure. Outcome-determination is not a talisman. State rules can prevail sometimes, but that's when the federal rules don't cover a given situatin.

Dicta: Harlan, concurring: Erie recognized that there should not be two conflicting systems of laws. This takes us too far back away from Erie.