CategoriesFlorida Law Review Forum
Response to Sergio Campos, Erie as a Choice of Defaults
It has been seventy-five years since the Supreme Court decided Erie Railroad Co. v. Tompkins. Erie now claims paternity over a broader doctrine that mediates whether state law or federal law will govern particular aspects of a federal court lawsuit. That doctrine has evolved over time, but there remains a core of truth to the oft-stated rule of thumb that federal courts should apply state substantive law and federal procedural law. Given Erie’s mystical (and mythical) qualities, the subject of magic words seems particularly appropriate.