Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Law
Erie Step Zero, Alexander A. Reinert
Erie Step Zero, Alexander A. Reinert
Articles
Courts and commentators have assumed that the Erie doctrine, while originating in diversity cases, applies in all cases whatever the basis for federal jurisdiction. Thus, when a federal court asserts jurisdiction over pendent state law claims through the exercise of supplemental jurisdiction in a federal question case, courts regularly apply the Erie doctrine to resolve conflict between federal and state law. This Article shows why this common wisdom is wrong.
To understand why, it is necessary to return to Erie’s goals, elaborated over time by the U.S. Supreme Court. Erie and its progeny are steeped in diversity-driven policy concerns: concerns …
Motion And Brief Of Civil Procedure Law Professors As Amici Curiae In Support Of Petitioner, Alexander A. Reinert
Motion And Brief Of Civil Procedure Law Professors As Amici Curiae In Support Of Petitioner, Alexander A. Reinert
Amicus Briefs
Amici curiae are scholars with expertise in civil procedure who have an interest in the proper interpretation of federal pleading standards following Bell Atlantic v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009). Amici file this brief because the decision by the Court of Appeals for the Ninth Circuit in this case cannot be squared with proper pleading doctrine and goes far beyond any reasonable interpretation of this Court’s holdings in Twombly and Iqbal. Certiorari is warranted to correct the Ninth Circuit’s application of these cases and to clarify the rampant confusion …