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SAMPLE ERIE QUESTION PROFESSOR ARTHUR Wesley (a citizen of Illinois) made an agreement with Cranmer Co. (an Ohio corporation with its principal place of business in Cincinnati) under which Cranmer was to build a warehouse for Wesley in Chicago. In the course of construction unresolved disputes arose, which resulted in Wesley withholding.
But this is too quick. You will remember from class that I argued that even with respect to other aspects of claim preclusion law (such as the question of the scope of a claim), Erie analysis may suggest that federal rather than state law is applicable. Semtek may be limited. So you have to do the Erie analysis.
V-Corporation moved to dismiss on grounds that PA law bars a claim for breach of contract if not filed within 120 days of the breach. John disagrees because he filed a timely complaint exactly one year after the injury pursuant to Federal Procedural law. Discuss all possible Erie Doctrine issues.
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The Erie doctrine is a fundamental legal doctrine in civil procedure. It mandates that a federal court must apply state substantive law in diversity jurisdiction cases.
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Table of Contents Jurisdiction Erie Doctrine Joinder Pleading Discovery Trials Appeals Res Judicata Flashcard Review Bibliography. Table of Contents Negligence Duty Causation Strict Liability Intentional Torts Fraud and Deceit Defamation Emotional Distress Damages Bibliography.
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