A Federal Rule of Civil Procedure directly answers a disputed issue in a Delaware diversity case. The opposing party argues the Federal Rule cannot apply because a different Delaware litigation rule would change the resu...
Citations: 28 U.S.C. section 2072
...he plaintiff serves a defendant in a way permitted by Federal Rule of Civil Procedure 4 but not by a Delaware statute requiring a more formal method of service for the same kind of defendant. The state limitations period...
Citations: Hanna v. Plumer, Fed. R. Civ. P. 4, 28 U.S.C. section 2072
...davit. The plaintiff filed a complaint that satisfied Federal Rule of Civil Procedure 8 but did not file the affidavit. The physician moved to dismiss, arguing that the affidavit requirement is part of Delaware's substan...
Citations: Erie Railroad Co. v. Tompkins, Hanna v. Plumer, Gasperini v. Center for Humanities, Inc.
...nd mailing a copy the same day. The service satisfied Federal Rule of Civil Procedure 4. The Delaware probate statute governing suits against estate representatives contains a special service provision requiring personal...
Citations: Erie Railroad Co. v. Tompkins, Hanna v. Plumer, Fed. R. Civ. P. 4, 28 U.S.C. section 2072
...grossly excessive as to shock the court's conscience. Federal Rule of Civil Procedure 59 authorizes a new trial but does not supply a numeric damages standard. The defendant moves for a new trial or remittitur, arguing t...
Citations: Erie Railroad Co. v. Tompkins, Gasperini v. Center for Humanities, Inc., Fed. R. Civ. P. 59
...tantive for Erie purposes. The investor responds that Federal Rule of Civil Procedure 3 says a civil action is commenced by filing a complaint and therefore the case was timely when filed. Should the federal court treat...
Citations: Erie Railroad Co. v. Tompkins, Guaranty Trust Co. v. York, Walker v. Armco Steel Corp.
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