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federal
procedural
statute
rule
procedure
point
substantial
uniformity
predictable
outcome
federal
state
courts
adjudicating
claims
striven
see
also
klaxon
stentor
electric
mfg
rests
upon
perception
constitutional
congressional
plan
underlying
creation
diversity
pendent
jurisdiction
lower
federal
courts
quite
obviously
carried
forward
interpretation
ambiguous
statutes
relating
exercise
jurisdiction
assume
words
fair
congress
concerned
avoid
significant
differences
state
federal
courts
adjudicating
claims
cf
southland
keating
interpreting
federal
arbitration
act
apply
claims
brought
state
courts
order
discourage
forum
shopping
thus
deciding
whether
federal
procedural
statute
rule
procedure
encompasses
particular
issue
broad
reading
create
significant
disuniformity
state
federal
courts
avoided
text
permits
see
walker
armco
steel
cohen
beneficial
industrial
loan
palmer
hoffman
cf
bator
meltzer
mishkin
shapiro
hart
wechsler
federal
courts
federal
system
ed
continued
since
hanna
interpret
federal
rules
avoid
conflict
important
state
regulatory
policies
shown
interpretation
given
today
neither
plain
natural
meaning
best
ambiguous
therefore
construe
avoid
significant
encouragement
forum
shopping
inevitably
provided
interpretation
adopts
today
ii
since
federal
statute
rule
procedure
governs
validity
clause
remaining
issue
whether
federal
courts
may
fashion
rule
govern
question
may
rules
decision
act
mandates
use
state
law
see
erie
supra
hanna
plumer
federal
courts
lack
authority
fashion
rule
state
law
must
govern
law
delcostello
teamsters
dissenting
rules
decision
act
simply
requires
application
state
law
unless
federal
law
applies
see
also
general
interpreting
applying
substantive
law
essence
judicial
power
created
article
iii
constitution
power
encompass
making
substantive
law
cf
erie
supra
whatever
scope
federal
courts
authority
create
federal
common
law
areas
plain
mere
fact
petitioner
company
brought
antitrust
claim
ante
empower
federal
courts
make
common
law
question
validity
clause
see
campbell
haverhill
rules
decision
act
neither
contains
suggests
distinction
cases
diversity
cases
delcostello
supra
stevens
dissenting
cf
texas
industries
radcliff
materials
federal
courts
authority
however
make
procedural
rules
govern
practice
see
federal
courts
may
make
rules
conduct
business
fed
rule
civ
proc
districts
courts
authority
regulate
practice
see
generally
sibbach
wilson
deciding
substantive
procedural
purposes
adhered
functional
test
based
twin
aims
erie
rule
discouragement
avoidance
inequitable
administration
laws
hanna
supra
see
also
ante
walker
armco
steel
supra
moreover
although
reviewing
validity
federal
procedural
statute
rule
procedure
inquire
whether
congress
rulemakers
trespassed
beyond
wide
latitude
given
determine
matter
procedural
see
burlington
northern
woods
hanna
supra
reviewing
lower
courts
application
test
apply
judgment
matter
law
test
believe
state
law
controls
question
validity
clause
parties
eleventh
circuit
rule
clearly
encourages
forum
shopping
venue
often
vitally
important
matter
shown
frequency
parties
contractually
provide
litigate
issue
suit
might
well
pursued
might
successful
significantly
less
convenient
forum
transfer
less
desirable
forum
therefore
sufficient
import
plaintiffs
base
decisions
likelihood
eventuality
choosing
whether
sue
state
federal
respect
clauses
state
law
unfavorable
validity
plaintiffs
seek
avoid
effect
clause
encouraged
sue
state
defendants
encouraged
shop
favorable
law
removing
federal
reverse
situation
state
law
favorable
enforcing
clauses
plaintiffs
encouraged
sue
federal
significant
encouragement
forum
shopping
alone
sufficient
warrant
application
state
law
cf
walker
armco
steel
supra
failure
meet
one
part
test
suffices
warrant
application
state
law
believe
creating
rule
fails
second
part
test
well
producing
inequitable
administration
laws
best
explanation
constitutes
inequitable
administration
laws
found
erie
allowing
unfair
discrimination
noncitizens
citizens
forum
state
see
also
hanna
whether
discrimination
unfair
context
largely
turns
important
matter
question
see
decision
important
legal
issue
turn
accident
diversity
citizenship
see
walker
supra
presence
federal
question
unrelated
issue
difficult
imagine
issue
importance
one
goes
merits
lawsuit
validity
contractual
provision
certainly
erie
doctrine
previously
held
require
application
state
law
subjects
similar
obviously
lesser
importance
see
walker
supra
whether
filing
complaint
service
tolls
statute
limitations
bernhardt
polygraphic
america
arbitrability
cohen
beneficial
industrial
loan
indemnity
bond
litigation
expenses
courts
ignore
issues
contract
validity
traditionally
matters
governed
state
law
reasons
stated
respectfully
dissent
contrary
opinion
nothing
unusual
applicability
federal
statute
depend
content
state
law
ante
recognized
precisely
required
application
federal
statute
depends
resolution
underlying
issue
fundamentally
one
state
law
see
commissioner
estate
bosch
cf
budinich
becton
dickinson
dictum
approach
believe
required
undermined
fact
still
situations
rule
validity
clause
dispositive
issue
transfer
federal
courts
state
law
hold
clause
invalid
federal
nonetheless
order
transfer
another
federal
transfer
warranted
without
regard
clause
remarkable
since
whether
transfer
case
one
federal
district
another
reasons
contractual
agreement
parties
plainly
made
matter
federal
law
hand
state
law
hold
clause
valid
agree
justice
kennedy
concurrence
valid
clause
given
controlling
weight
exceptional
cases
ante
even
exceptional
cases
clause
valid
state
law
transfer
unwarranted
factor
convenience
parties
district
give
effect
state
contract
law
dismissing
suit