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Federal Courts - Conflict Of Laws - Duty Of Federal Court To Apply State Conflict Of Laws Rules, Spencer E. Irons
Federal Courts - Conflict Of Laws - Duty Of Federal Court To Apply State Conflict Of Laws Rules, Spencer E. Irons
Michigan Law Review
In a suit on a contract brought in the United States District Court in Delaware, based on diversity of citizenship, the court allowed interest costs on the basis of the Civil Practice Act of New York where the contract was made. The Circuit Court of Appeals for the Third Circuit affirmed the ruling upon the ground that it was the best rule, without regard to the Delaware conflicts law. On certiorari, held reversed, on the ground that the doctrine of Erie Railroad v. Tompkins prohibits such an independent determination by the federal court of conflict of laws rules. Klaxon Co. …
Conflict Of Laws-Claim Under Compensation Act-Suit In State Other Than That Of Injury
Conflict Of Laws-Claim Under Compensation Act-Suit In State Other Than That Of Injury
Michigan Law Review
Plaintiffs brought suit in the federal court for the southern district of Texas on grounds of diversity of citizenship under the Louisiana Employers Liability Act to recover for the death of their father who had been killed by falling from defendant's dredge upon which he was employed. The contract of employment was made, and the death occurred in Louisiana. The Act is of the "optional" type. It provides that the employer shall, upon the accidental death of an employee in the course of his employment, pay compensation to the employee's dependents. Payment is to be made at periodical intervals for …