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Source Erie Doctrine Complete Delaware Bar Exam Topic Index List Matched to this deck.

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0 tracked cards Delaware Essays

A Delaware Supreme Court decision squarely defines the duty owed by a warehouse operator under Delaware negligence law. In a later diversity case in the District of Delaware, the defendant urges the federal judge to adopt a broader federal common-law duty rule. Which statement is correct?

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A federal judge must follow controlling Delaware Supreme Court decisions on Delaware substantive law. A federal judge applies the law of the plaintiff's home state whenever Delaware law is uncertain. A federal judge may ignore Delaware Supreme Court decisions if federal policy favors a different tort rule. A federal judge follows Delaware trial court decisions even when the Delaware Supreme Court has ruled otherwise.

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