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Erie Doctrine

Civil Procedure and Judicial Process Doctrine

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Origin Established by Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), overturning Swift v. Tyson (1842).

The Erie doctrine is the rule that federal courts in the United States, when hearing a case based on diversity jurisdiction rather than a federal question, must apply the substantive law of the state whose law governs the dispute rather than fashion a federal common law rule of their own. It comes from the 1938 decision of the Supreme Court in Erie Railroad Co. v. Tompkins, which overturned the older rule from Swift v. Tyson that had let federal judges disregard the rulings of state courts on so-called general questions of law. Under Erie, a federal court looks first to see whether state law clearly governs the issue, and if it does not, predicts how the highest court of that state would decide the question, an exercise sometimes called an Erie guess. The doctrine was meant to stop the same case from coming out differently depending only on whether it was filed in state or federal court, ending what had become a dual system of law and discouraging plaintiffs from picking a federal forum purely to get a more favorable rule.

Facts
Origin Period
Established by Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), overturning Swift v. Tyson (1842). 1
Core Principle
Federal courts sitting in diversity jurisdiction must apply the substantive law of the state where they sit rather than fashion their own general common law. 1
Cross-Tradition Connections

Formulated By

Justice Brandeis wrote the Court's opinion in Erie Railroad Co. v. Tompkins (1938). That case is not yet a live entity in this atlas; filed as a mint candidate.

In Legal System

U.S. federal courts doctrine requiring application of state substantive law in diversity cases.

Sources
1. Erie Doctrine (Cornell LII Wex)
Cornell Law School Legal Information InstituteCornell LII Wex, Erie Doctrine entry, opening definitional sentence
Quote, Cornell LII Wex, Erie Doctrine entry, opening definitional sentence
The Erie doctrine is a binding principle requiring federal courts exercising diversity jurisdiction to apply state substantive law and federal procedural law, as defined by the Federal Rules of Civil Procedure.
View the Source
1. Erie Doctrine (Cornell LII Wex)
Cornell Law School Legal Information InstituteCornell LII Wex, Erie Doctrine entry, discussion of Erie Railroad Co. v. TompkinsView the Source
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