Venue: |
SCOTUS
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Facts: |
Car crash between citizens of different states. Injuries (and maybe
a death? hard to say). |
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Posture: |
Appeal from dismissal. Reversed? |
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Issue: |
In a diversity case, does service have to be under Rule 4, or can we
use the state procedure? |
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Holding: |
Rule 4. Reversed. |
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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. |
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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. |
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Dicta: |
Harlan, concurring: Erie recognized that there should not
be two conflicting systems of laws. This takes us too far back
away from Erie. |
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