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Sunday, January 06, 2013

Erieblogging: Day Six

I’m posting an un- or underexplored question about Erie Railroad Co. v. Tompkins every day this month (parallel posted on my own CivPro blog).
 
Today's question: Owing to Louisiana’s civil law tradition, the Louisiana Supreme Court’s decisions concerning Louisiana statutes are not binding upon lower Louisiana courts, except in the particular case in which the decision was made. And yet federal courts interpreting Louisiana statutes follow the Louisiana Supreme Court’s decisions and, when the matter is unsettled, attempt to predict how it would resolve the matter. Are they showing insufficient sensitivity to Louisiana's unique legal heritage?

Posted by Michael Steven Green on January 6, 2013 at 03:15 PM in Civil Procedure | Permalink

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