...uing that Delaware commencement and tolling rules are substantive 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 c...
Citations: Erie Railroad Co. v. Tompkins, Guaranty Trust Co. v. York, Walker v. Armco Steel Corp.
A Delaware consumer filed a diversity class action in the District of Delaware against an out-of-state lender, alleging that the lender charged a $35 fee prohibited by a Delaware consumer statute. The statute authorizes...
Citations: Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., Fed. R. Civ. P. 23, 28 U.S.C. section 2072
...trial after the first and second mistrials. This essay tests mistrial doctrine, manifest necessity, and prosecutorial goading. Arizona v. Washin...
Citations: Arizona v. Washington, United States v. Perez, Oregon v. Kennedy, People v. Batts, Penal Code Section 1023
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