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Full-Text Articles in Law
From Swift To Erie: An Historical Perspective, Gene R. Shreve
From Swift To Erie: An Historical Perspective, Gene R. Shreve
Michigan Law Review
A Review of Harmony & Dissonance: The Swift & Erie Cases in American Federalism by Tony Freyer
After "Life For Erie--A Reply, Peter Westen
After "Life For Erie--A Reply, Peter Westen
Michigan Law Review
Erie, having "preoccupied the intellectually dominant group of academic lawyers rising to maturity during the 1940's and 1950's," is reported to be losing its "symbolic centrality" for the newest generation of legal scholars. Professor Redish's prompt and excited response to our essay proves one thing: there is at least one scholar in the country who, having come to legal maturity during the last decade, still remains capable of becoming impassioned about Erie RR v. Tompkins.
Continuing The Erie Debate: A Response To Westen And Lehman, Martin H. Redish
Continuing The Erie Debate: A Response To Westen And Lehman, Martin H. Redish
Michigan Law Review
Although the Supreme Court has not spoken in detail on the Erie doctrine since its much-discussed decision in Hanna v. Plumer in 1965, commentary on the doctrine in the literature has undergone something of a "boomlet" in the last several years. Much of it has been stimulated by the groundbreaking article by Professor John Hart Ely in 1974. The latest contribution to the area is the recent article by Professor Peter Westen and Mr. Jeffrey Lehman appearing earlier this year in this journal. Unfortunately, their article does little to advance analysis of the Erie question, and contains numerous fundamental misstatements …
Is There Life For Erie After The Death Of Diversity?, Peter Westen, Jeffrey S. Lehman
Is There Life For Erie After The Death Of Diversity?, Peter Westen, Jeffrey S. Lehman
Michigan Law Review
This Article is essentially an elaboration of these three themes. Section I sets forth the fundamental principles, or "axioms," that determine whether a particular federal rule is pertinent and valid. Once these axioms are understood, it should become apparent that Erie problems, if not easy, are not uniquely difficult either; instead, they are the kinds of "ordinary" problems that are commonplace in other areas of law. Section II applies these axioms to cases in diversity to determine the validity of various kinds of federal rules of decision. Section III examines the validity of federal rules of decision in federal question …
Federal Civil Procedure-Discovery-Availability Of Attorney-Client Privilege To Corporations, Stephen M. Wittenberg
Federal Civil Procedure-Discovery-Availability Of Attorney-Client Privilege To Corporations, Stephen M. Wittenberg
Michigan Law Review
During the pre-trial stage of a civil antitrust suit, plaintiff sought inspection of certain documents in the files of the corporate defendants' outside counsel. The defendant contended that these documents were protected from discovery by the attorney-client privilege. Upon motion for inspection, held, granted. The attorney-client privilege is not available to any of the corporate parties in this action. Radiant Burners, Inc. v. American Gas Ass'n, 207 F. Supp. 771, aff'd on rehearing, 209 F. Supp. 321 (N.D. Ill. 1962).
Congressional Repair Of The Erie Derailment, Leonard V. Quigley
Congressional Repair Of The Erie Derailment, Leonard V. Quigley
Michigan Law Review
It is the thesis of this article that such legislative review and repair is required today on the part of the federal legislature in regard to the diversity jurisdiction of the federal courts. Such reconsideration is particularly appropriate where, as in the analogous commerce clause area, the subject matter has been committed specifically to the Congress by the Constitution.
Federal Courts - Choice Of Law Application Of Federal Law To Government Subcontract In Federal Diversity Case, H. C. Snyder Jr.
Federal Courts - Choice Of Law Application Of Federal Law To Government Subcontract In Federal Diversity Case, H. C. Snyder Jr.
Michigan Law Review
Defendant obtained a government missile contract, and plaintiff was subcontracted to manufacture containers for the missiles. When certain changes in elements of the containers were ordered by the Government, plaintiff demanded an "equitable adjustment" from defendant pursuant to the terms of the subcontract. Defendant paid only the costs of effecting the necessary changes. Plaintiff instituted this suit in federal district court alleging diversity of citizenship and demanding that the adjustment include, as allowed by California law, compensation for overhead losses caused by a partial work stoppage during the delay in effecting the changes. The district court characterized the contract as …
Federal Rules Of Civil Procedure-Statute Of Limitations Not Tolled By Filing Complaint Under Rule 3, Clinton R. Ashford S. Ed.
Federal Rules Of Civil Procedure-Statute Of Limitations Not Tolled By Filing Complaint Under Rule 3, Clinton R. Ashford S. Ed.
Michigan Law Review
Plaintiff's cause of action arose out of a highway accident that occurred on October 1, 1943. Basing jurisdiction on diversity of citizenship, he brought suit in a United States District Court in Kansas. The complaint was filed on September 4, 1945, and defendant was served on December 28, 1945. In Kansas, the two-year statute of limitations applicable to such tort claims is tolled by service on the defendant, not by filing the complaint. Held, plaintiff is barred by the Kansas statute of limitations. Ragan v. Merchants Transfer & Warehouse Co., Inc., (U.S. 1949) 69 S.Ct. 1233.
Federal Courts - Federal Rules Of Civil Procedure - Statutes Of Limitations - Commencement Of Action, Harry M. Nayer
Federal Courts - Federal Rules Of Civil Procedure - Statutes Of Limitations - Commencement Of Action, Harry M. Nayer
Michigan Law Review
Plaintiff brought suit on some promissory notes in the federal district court in Michigan. The complaint was filed before the expiration of the six-year Michigan statute of limitations, but although the plaintiff used due diligence he was unable to get personal service on defendant until the statutory period had elapsed. Defendant pleaded the statute of limitations. Both the Michigan and the federal procedures provide that "a civil action is commenced by filing a complaint with the court." Held, that the filing of the complaint tolled the running of the statute and the plaintiff should therefore be allowed to maintain …