- An Erie Obstacle to State Tort Reform🔍
- "An Erie Obstacle to State Tort Reform" by Richard Henry Seamon🔍
- The Erie Implications of Medical Malpractice Certificate of Merit ...🔍
- IDAHO LAW REVIEW🔍
- An Essay on What's Wrong with the Recent Erie Decisions🔍
- Erie and Preemption🔍
- WHAT IS THE ERIE DOCTRINE? 🔍
- Overcoming State Constitutional Barriers to Tort Reform🔍
An Erie Obstacle to State Tort Reform
An Erie Obstacle to State Tort Reform
... AN ERIE OBSTACLE TO STATE TORT REFORM. 39 substantive, while others are ... state-law claims to apply federal procedural law and state substantive law.8 ...
"An Erie Obstacle to State Tort Reform" by Richard Henry Seamon
By Richard Henry Seamon, Published on 01/01/06.
An Erie Obstacle to State Tort Reform - Search eLibrary :: SSRN
This article argues that those courts are incorrect. The Idaho law and similar state laws restricting the pleading of punitive damages do not ...
Torts | Open Access Articles | Digital Commons Network™
... Tort Statute (1) · Duffin v. Idaho Crop Improvement ... Medical Malpractice Claims In Idaho, Monique C. Lillard Jan 2008 ... An Erie Obstacle To State Tort Reform, ...
The Erie Implications of Medical Malpractice Certificate of Merit ...
Richard Henry Seamon, An Erie Obstacle to State Tort Reform, 43 IDAHO L. REV. 37, 86-88 (2006) (explaining that the applicability in federal court of state ...
IDAHO LAW REVIEW. VOLUME 43. 2006. NUMBER 1. CONTENTS. SHERMAN J. BELLWOOD LECTURE. PUTTING THE 2006 BELLWOOD LECTURE ... AN ERIE OBSTACLE TO STATE TORT REFORM ...
tort reform measures, that directed state appellate courts reviewing damage ... mains the single largest obstacle to clarifying when state law ap-.
Erie and Preemption: Killing One Bird with Two Stones
In Erie, state law provided that persons walking along a railroad right-of-way are trespassers to whom the railroad owes no tort duty. Id. at 70. There was no.
“Procedural Swift”: Complex Litigation Reform, State Tort Law, and Democratic Values, 37 ... might pose a more significant obstacle to invoking state law in ...
Overcoming State Constitutional Barriers to Tort Reform
In several states, based on perceptions of a medical malpractice liability and insurance crisis, reformers have sought to abolish tort liability ...
Richard Seamon - Google Scholar
An Erie Obstacle to State Tort Reform. RH Seamon. Idaho L. Rev. 43, 37, 2006. 13, 2006. Joint teaching with a colleague, for just a week or two. RH Seamon, SA ...
erie, iqbal, and affidavits of merit - Arizona Law Review
... An Erie Obstacle to State Tort Reform, 43 IDAHO L. REV. 37 (2006); Dade A. Caldwell, Comment, Civil Procedure: Medical Malpractice Gets. Eerie: The Erie ...
Erie Railroad Rule on Brave New Track - LexisNexis
state tort reform. From state house to state house across this country, local legislators are passing laws imposing seemingly procedural barriers to curb ...
Constitutional Limitations on Tort Reform: Have the State Courts ...
evolution of the Erie concept of "substantive and procedural law" discussed ... constitution will continue not to be a significant barrier to state tort ...
Ending Erie's Third Phase: Why the Supreme Court Should Stop ...
... Reform, State. Tort Law, and Democratic Values, 37 AKRON L. REV. 717, 732 (2004) (“According to some commentators, Swift [v. Tyson, 41 U.S. 1 (1941) ...
Muddying the Waters: The Downstream Implications of Wal-Mart v ...
An Erie Obstacle to State Tort Reform. January 2007. Richard Henry Seamon. The national wave of tort reform that began in the 1980s wrought procedural and ...
Public Choice and Tort Reform - Antonin Scalia Law School
Some 33 states have an integrated bar, for instance. Thus, lawyers are compelled to be part of the lawyers' “union” if they want to practice law in the state.
Žt Do That Can They? Tort Reform via Rule 23
83 Whenever state law dictates the rule of decision, Erie's consti- tutional predicate stands as an obstacle to modifying substantive law to. 79 The theory ...
Erie's Four Functions: Reframing Choice of Law in Federal Courts
state tort law remained outside the regulatory province of the federal government was ... content of state law is itself a question of state law when Erie deems.
States for tort claims.2 With this statute, Congress ... See, e.g., Richard Henry Seamon, An Erie Obstacle to State Tort Reform, 43.