Erie Railroad Co. v. Tompkins, 304 US 64 (1938) (50 Most Cited Cases)
Book Details
Author(s)US Supreme Court
PublisherLandMark Publications
ISBN / ASINB0053DN808
ISBN-13978B0053DN800
Sales Rank2,630,537
MarketplaceUnited States 🇺🇸
Description
Erie Railroad v. Tompkins is number 7 on the list of most cited US Supreme Court decisions. This ebook contains the full text of the Erie decision.
The Erie decision overturned nearly a century of precedent under the rule of Swift v. Tyson (1852) which allowed the federal courts to develop their own common law. The decision is based on the rationale that Swift v. Tyson promoted forum shopping and that this was inappropriate.
The opinion by Justice Brandeis examines the manipulative practices of litigants that had resulted from the rule of Swift v. Tyson and determined that "in attempting to promote uniformity of law throughout the United States, the doctrine had prevented uniformity in the administration of the law of the state." This had the effect of denying litigants equal protection of the law.
Erie Railroad Co. v. Tompkins, 304 US 64 (1938)
The Erie decision overturned nearly a century of precedent under the rule of Swift v. Tyson (1852) which allowed the federal courts to develop their own common law. The decision is based on the rationale that Swift v. Tyson promoted forum shopping and that this was inappropriate.
The opinion by Justice Brandeis examines the manipulative practices of litigants that had resulted from the rule of Swift v. Tyson and determined that "in attempting to promote uniformity of law throughout the United States, the doctrine had prevented uniformity in the administration of the law of the state." This had the effect of denying litigants equal protection of the law.
Erie Railroad Co. v. Tompkins, 304 US 64 (1938)
More Books by US Supreme Court
