· 12/5/1994
Commercial Union Insurance Company v. Walbrook Insurance Co., Ltd., Commercial Union Insurance Company v. National Casualty Co.
Citations
- 41 F.3d 764
- 1994 U.S. App. LEXIS 34164
- 1994 WL 668171
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that state substantive law must be applied in state-based declaratory judgment actions brought in federal court
- guoting Elias v. Ford Motor Co., 734 F.2d 463, 465 (1st Cir. 1984)
- under Erie doctrine, federal courts sitting in diversity jurisdiction are generally obligated to apply state law
- when sitting in diversity, a federal court must apply the substantive law of the forum state
- \the law of the case is a prudential doctrine and does not serve as a absolute bar to . . . reconsideration of an issue\
- “A declaratory judgment is not a theory of recovery.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Selya, Campbell, Stahl
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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