The Erie Doctrine
Historical Federal Common Law Rule
Swift v. Tyson Doctrine:
If state law claims are in federal court and there is no on-point state statute, then state court interpretations of the common law may be ignored, and federal courts can apply the common law as they see fit, even if it’s contrary to state law.
o Swift v. Tyson, 41 U.S. 1 (1842)
o Black & White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co., 276 U.S. 518 (1928)
Modern Federal Common Law Rule
The Erie Doctrine:
“There is no federal general common law”, so federal courts must apply the law of the state in cases heard under diversity jurisdiction, except when dealing with issues governed by the Constitution or acts of Congress.
o Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938)