"The Tempest": Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co.: The Rules Enabling Act Decision That Added to the Confusion - But Should Not Have

Authors

Donald L. Doernberg

Abstract

This Article discusses the effect Shady Grove is likely to have on vertical choice-of-law in cases involving a Federal Rule of Civil Procedure...Part II of the Article discusses the majority opinion. Part III deals with parts II-B and II-C of Justice Scalia’s opinion and with the concurrence. Part IV addresses the dissent. Part V offers a critical evaluation of the opinions. Part VI discusses some of the scholarly interpretations of REA and suggests two possible perspectives on REA’s substantive-rights limitation that make it more understandable in light of the Erie doctrine’s history, easier to navigate, and less of a threat to predictability in future cases.

Recommended Citation

Doernberg, Donald L. (2011) ""The Tempest": Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co.: The Rules Enabling Act Decision That Added to the Confusion - But Should Not Have," Akron Law Review: Vol. 44: Iss. 4, Article 7.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol44/iss4/7