Archives: Erie Doctrine

TCPA Class Actions are Back in the Big Apple

By Patrick T. Lewis on January 6, 2014 Posted in Erie Doctrine, Rule 12 Motions to Dismiss, TCPA

In December, the Second Circuit cleared the way for plaintiffs to bring TCPA class actions in New York federal courts by holding that a New York state law prohibition on class actions for recovery of statutory damages was no obstacle to federal jurisdiction. The case, Bank v. Independence Energy Group, LLC, No. 13-1746 (2d Cir. … Continue Reading

Interview With Professor Mary Kay Kane (Part III)

By Deborah Renner on May 21, 2012 Posted in Civil Procedure, Class Action Trends, Erie Doctrine

Editor’s note: This is the final post in a series of posts from the Class Action Lawsuit Defense Blog’s interview with Mary Kay Kane, former Dean and Chancellor and current Emeritus Professor of Law at the University of California’s Hastings College of the Law. Professor Kane is the author of the Nutshell on Civil Procedure, … Continue Reading

The Supreme Court’s Shady Grove Decision – Erie Unexplained

By Jennifer Vessells on January 21, 2012 Posted in Erie Doctrine

The Supreme Court’s decision in Shady Grove Orthopedic Associates, P.A. v. Allstate Ins. Co., 130 S. Ct. 1431 (2010) does little to clarify the application of the Erie Doctrine. While many courts endeavor to apply and follow Erie, the classification of statutes and rules as “substantive” or “procedural” is far from uniform. In a plurality … Continue Reading