Erie and the Federal Rules: A Review and Reappraisal after Burlington Northern Railroad v. Woods

42 Pages Posted: 29 Nov 2010

See all articles by Ralph U. Whitten

Ralph U. Whitten

Creighton University - School of Law

Date Written: November 28, 2010

Abstract

This article discusses the implications of the Supreme Court’s decision in Burlington Northern Railroad for future conflicts between state law and Federal Rules of Civil Procedure. The article reviews and critiques the Supreme Court’s treatment of conflicts between federal rules and state law before the Burlington case and examines the Court’s treatment after the Burlington case. The article concludes with an analysis of the implications of the Court’s opinion for future challenges to the Federal Rules.

Keywords: Civil Procedure, Erie, Burlington Northern Railroad

Suggested Citation

Whitten, Ralph U., Erie and the Federal Rules: A Review and Reappraisal after Burlington Northern Railroad v. Woods (November 28, 2010). Creighton Law Review, Vol. 21, No. 1, 1987, Available at SSRN: https://ssrn.com/abstract=1716570

Ralph U. Whitten (Contact Author)

Creighton University - School of Law ( email )

2500 California Plaza
Omaha, NE 68178
United States

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