LAW 607 Lecture Notes - Lecture 11: Erie Doctrine, Determinative
1 Jun 2020
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A court can put a condition on granting dismissal of forum non conveniens to address any issues with foreign forum, such as discovery laws, or ability of process in foreign forum. If a condition is not met, can be held in contempt of court, and can refile in u. s. 28 usc 1652 when a federal court is sitting in diversity it should apply the state law where the district court sits, unless the constitution or federal law apply. Swift v. tyson = interpreted this statute to mean a federal court only apply state statute, not state common law. The idea was to create a federal general common law, but what really happened was intense forum shopping. Amdt and state sovereignty issues when a federal court trumped state common law: however, erie left several questions unanswered regarding diversity cases. But even when federal court knew what state"s law to apply there were issues.
