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Full-Text Articles in Law
Erie In Balance-Will Equity Tip The Scale?
Erie In Balance-Will Equity Tip The Scale?
University of Richmond Law Review
A significant consequence of a federal system of government is that its court system derives its law from both state and national sources. The effective resolution of the inevitable conflicts within that system is made increasingly important by the dramatic increase in interstate travel and commercial activity with the logical effect of increasing federal jurisdiction based upon diversity of citizenship. It is essential that litigants take note of a significant change in the federal court's approach to the rules applicable in diversity actions and modify their own judicial strategy accordingly.
The Tolling Of The Statute Of Limitations When A Case Has Been Previously Dismissed For Lack Of Jurisdiction Or For Improper Venue
University of Richmond Law Review
When an action is initially brought in a state or federal court and is dismissed for lack of proper venue or jurisdiction, it frequently becomes necessary to determine whether the applicable statute of limitations has been tolled ,during the pendency of the action. If a second action is instituted after the "statutehas run, the action will be considered time-barred in the absence of a tolling doctrine.