Enabling the Federal Rules
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Bassett, Debra Lyn
INTRODUCTION|The Creighton Law Review invited me to "re-write the [plurality], concurring, or dissenting opinion [in] Shady Grove Orthopedic Associates v. Allstate Insurance Co., ['] as you think it should have been written." Shady Grove examined whether a federal diversity class action seeking statutory interest could move forward in the federal court, or whether a New York state law prohibiting the recovery of a penalty in class actions (such as the statutory interest sought) prevented the class action pursuant to the Erie doctrine. The basic premise underlying the Erie doctrine, of course, is that federal courts hearing a state law claim follow state substantive law, but have the power, pursuant to the Rules Enabling Act, to create federal procedural rules. The federal district court concluded that the New York law precluded the class action, and the Second Circuit affirmed. The Second Circuit concluded that the New York provision was substantive and thus the federal court was required to apply the state provision...
44 Creighton L. Rev. 7 (2010-2011)
Creighton University School of Law