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rekcusdo

08/21/16 11:58 PM

#350447 RE: rosen62 #350446

Thats not exactly how it works it federal court.

When a case goes to Federal court, the Eerie Doctrine governs which law is used.

Thru Eerie, Hannah states that when a federal law exists that answers a question of law, that law will be used. When there isnt a law that directly answers a question, state law will be used unless it overly burdens federal interests.

Basically...very basically...federal law is always used unless there isnt any on the subject. Then state law is used. (There are some exceptions).

Again, its the court that matters...not the type of suit.