Commercial Litigation and Arbitration

How a Federal Court Is to Approach an Issue of First Impression of State Law

From Casanova v. Marathon Corp., 2008 U.S. Dist. LEXIS 72571 (D.D.C. Sept. 24, 2008):

Confronted with a case of first impression, the federal courts are to "endeavor to discover the law of the state on the point at issue by considering related decisions, decisions of other jurisdictions, analogies and any reliable data tending to convincingly show what the state rule is." 1 JAMES WM. MOORE, ALLAN D. VESTAL & PHILIP B. KURLAND, MOORE'S FEDERAL PRACTICE AND PROCEDURE § 3.05 (1998).

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