Erie Railroad Company v. Tompkins
|Erie Railroad Company v. Tompkins (1938) by
|Opinion of the Court→|
|Supreme Court of the United States in which the Court held that federal courts did not have the judicial power to create general federal common law when hearing state law claims under diversity jurisdiction. In reaching this holding, the Court overturned almost a century of federal civil procedure case law, and established the foundation of what remains the modern law of diversity jurisdiction as it applies to United States federal courts.Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), was a decision by the|
United States Supreme Court
ERIE RAILROAD COMPANY v. TOMPKINS
Argued: Jan. 31, 1938. --- Decided: April 25, 1938
Messrs. Theodore Kiendl, Harold W. Bissell, and William C. Cannon, all of New York City, for petitioner.
[Argument of Counsel from pages 65-67 intentionally omitted]
Messrs. Fred H. Rees, Alexander L. Strouse, and Bernard G. Nemeroff, all of New York City (Bernard Kaufman and William Walsh, both of New York City, and Aaron L. Danzig, of Jamaica, L.I., on the brief) for respondent.
[Argument of Counsel from Page 68 intentionally omitted]
Mr. Justice BRANDEIS delivered the opinion of the Court.
|This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).|