Tiara Condominium Ass'n, Inc. v. Marsh USA, Inc.

How courts have described this case

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

• holding “[i]t is well settled that when there is no federal rule controlling on an issue, courts should use the ‘outcome determinative test’ to determine whether a state’s rule is actually substantive, or merely procedural ...”
• “Although Marsh’s $70,000 offer of judgment was essentially nominal [where the claimed damages were $70 million], so too was the prospect of an adverse judgment against it given its significant, and ultimately meritorious, defenses.”

Source: CourtListener parenthetical corpus (CC0).