WebLaw School Case Brief; Erie R.R. v. Tompkins - 304 U.S. 64, 58 S. Ct. 817 (1938) Rule: Except in matters governed by the U.S. Constitution or by acts of Congress, the law to be applied in any case is the law of the state. Whether the law of the state shall be declared by its legislature in a statute or by its highest court in a decision is not ... WebERIE v. TOMPKINS: IN RELATION TO THE 'LAW OF TRADE-MARKS AND UNFAIR COMPETITION The far-reaching significance of the United States Supreme Court decision, Erie Railroad Co. v. Tompkins,' has been commented upon by courts and writers.2 In the four years that have elapsed since its promulgation, it has been cited in over six hundred …
Congress, the Tompkins Case, and the Conflict of Laws - JSTOR
WebCourt, “That the statute law of the States must furnish the rule of decision to this Court, as far as they comport with the constitution of the United States, in all cases arising within the respective States, is a position that no one doubts.” 16. Similarly, the other aspects of each state’s “local” law were also regarded as binding in WebErie Railroad Co. v. Tompkins, 304 U.S. 64 (1938) Erie Railroad Co. v. Tompkins No. 367 Argued January 31, 1938 Decided April 25, 1938 304 U.S. 64 CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus 1. The liability of a railroad company for injury caused by negligent operation of its train to a pedestrian on a much … fluttering of eyes
CASE LAW
WebErie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), was a landmark U.S. Supreme Court decision in which the Court held that there is no general American federal common law and that U.S. federal courts must apply state law, not federal law, to lawsuits between parties from different states that do not involve federal questions.In reaching this holding, the … WebFeb 19, 2024 · Introduction. Erie Railroad v Tompkins was a fairly simple case in which the Supreme Court was called upon to give an interpretation as to the application of state common law over federal common law in cases of diversity jurisdiction. In addition, the case is celebrated for its empowerment of the state common law as it clearly denied Congress ... WebNov 4, 2011 · Hillman v Tompkins (Unreported 22 February 1995) Houghton v Stannard [2004] EWCA Civ 107. Powell v Moody [1966] 110 Sol Jo 215 The Times 10 March. … fluttering of eyes and eye lids