Erie Railroad Co. v. Tompkins

304 U.S. 64 (1938)

Supreme Court of the United States · 1938

Good law

Headnote

Held that federal courts sitting in diversity must apply state substantive law, overruling Swift v. Tyson.

Bench

Brandeis, J.

Facts

Tompkins was injured by a passing train in Pennsylvania and sued in federal court in New York, where general federal common law was more favourable.

Held

Except in matters governed by the Constitution or federal statute, the law to be applied in diversity cases is the law of the state.

Key passage

“Except in matters governed by the Federal Constitution or by acts of Congress, the law to be applied in any case is the law of the state.”

304 U.S. 64, 78

Citation formats

Bluebook

Erie R.R. Co. v. Tompkins, 304 U.S. 64, 78 (1938).

Short form

Erie, 304 U.S. at 78.

Id. form

Id. at 78.