Clark v. Allstate Insurance

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that Plaintiff did not need to plead eviden-tiary facts to support contention that defendant had the mental state required to impose punitive damages
• applying federal law where California case law and California Civil Code section 3294 irreconcilably conflicted with Federal Rules of Civil Procedure 8 and 9
• “Where state law directly conflicts with applicable provisions of the Federal Rules of Civil Procedure, federal courts must apply the Federal Rules — not state law.”
• “It is well 12 established that federal courts sitting in diversity must apply state substantive law and 13 federal procedural rules.”
• “It is well-established that federal courts sitting in diversity must apply state 9 substantive law and federal procedural rules.”
• “Where state law directly conflicts 15 with applicable provisions of the Federal Rules of Civil Procedure, federal courts must 16 apply the Federal Rules—not state law.”

Source: CourtListener parenthetical corpus (CC0).