Litigation in Federal Courts

Question 1

Erie v. Thompkins Holding

1. General Federal Common Law
2. What Law do Federal Courts Apply?
   
   1. Exceptions
3. Substantive and Procedural at Same Time?

Answer 1

Erie v. Thompkins Holding

1. General Federal Common Law - there is no general federal common law.
2. What Law do Federal Courts Apply? - Federal courts are required to apply the laws of the state in which they sit, including the states’ (1) common law; (2) statutory law; and (3) choice of law rules.
   
   1. Exceptions -
      
      1. Federal Preemption (U.S. Constitution & Federal Statutes)
      2. Federal Procedural Law
3. Whether a law is substantive or procedural for Erie purposes (i.e., whether Federal court needs to apply state law) has no bearing on whether a law is substantive or procedural for choice of law purposes.

Question 2

Transfers Under 28 USC §1404

1. General Provision
2. Who’s Law Applies After Transfer?

Answer 2

Transfers Under 28 USC §1404

1. General Provision - 28 USC § 1404(a) – For the convenience of parties and witnesses, in the interest of justice, a federal district court may transfer any civil action to any other district or division where it might have been brought.
2. Applicable Law After Transfer - Where a party seeks transfer from one federal district court to another, the transferee district court must apply the law of the transferor court.
   
   1. general principle is transfer for convenience of the court and parties should not be used as forum shopping tool.
   2. applies to both defendants and plaintiffs.
   3. includes choice of law of transferror state.