Erie Railroad v. Tompkins
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
The text of the remaining citing opinion could not be reliably retrieved.
18,486 later cases cite Erie Railroad v. Tompkins; 1,073 of those citations sat close to treatment language and were flagged for reading; the progress bar above tracks how many have been read so far. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Erie Railroad v. Tompkins?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Criticized
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The district court criticized the effect of Erie on unfair competition law, saying it pushed federal courts toward old state decisions.
Continental Casualty Company v. Beardsley · S.D.N.Y. · filed
Erie Ry. Co. v. Tompkins, 1938, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188. The law of unfair competition has largely been developed in the federal courts, and most unfair competition cases are still brought there. Since Erie, however, many of the federal courts have felt compelled to ignore their own precedents and rely instead on old state decisions. The result, as can be seen from reading the federal cases cited in support of Illinois law, notes 55-57, infra, is an endless exegesis on a perhaps antiquated decision instead of a dynamic approach to decisional law.
Read the full opinion on CourtListener →
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