Erie Doctrine

News & Analysis as of

Could the DC Circuit Decide the Abbas Appeal While Avoiding the “Erie” Issue?

I have previously explained that Yasser Abbas’s appeal from the district court’s decision, granting the defendants’ anti-SLAPP motion, will likely force the DC Circuit to decide whether the DC anti-SLAPP statute applies in...more

Federal Court Erie Prediction Insufficient to Establish Conflict of Law

In its recent decision in Bridgeview Health Care Ctr. v. State Farm Fire & Cas. Co., 2014 Ill. LEXIS 596 (May, 22, 2014), the Supreme Court of Illinois had occasion to consider whether a federal court’s Erie prediction is...more

Abbas Appeal Will Likely Force DC Circuit To Decide Erie Issue

Unless something unexpected happens, the Abbas v. Foreign Policy Group appeal will force the DC Circuit to expressly decide whether the DC anti-SLAPP statute applies in federal court (the so-called “Erie” issue). ...more

What Law is Used to Govern Attorney’s Fees in MDLs?

What law is used to govern attorney’s fees in MDLs? The answer is determined by a combination of the Erie Doctrine and choice of law rules. The Erie doctrine determines whether a federal court will apply state or federal law...more

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