Tompkins was injured on a dark night by something protruding from a passing freight train owned by
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Erie argued that the court, in deciding the case, should apply the law of Pennsylvania. Under Pennsylvania law, Tompkins was a trespasser, and Erie would not be liable for his injuries. Tompkins argued that because of diversity of citizenship, federal common law should apply. Under federal common law, Erie could be liable for Tompkins's injuries.
1. Why had the decision in Swift v. Tyson prevented uniformity in the administration of state law?
2. After Erie, which court's procedural law must be applied in a diversity-of-citizenship case?
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The Legal Environment of Business
ISBN: 978-0538473996
11th Edition
Authors: Roger E Meiners, Al H. Ringleb, Frances L. Edwards
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