Berk v. Choy · ¶14

The Third Circuit affirmed, holding that § 6853 applies in federal court. See 2024 WL 3534482, *4 (July 25, 2024). The court concluded that the Federal Rules of Civil Procedure are silent as to whether an affidavit must accompany the complaint. Id., at *2–*3. Where the Federal Rules are silent, state law applies if it is substantive. See Erie R. Co. v. Tompkins, 304 U. S. 64, 78 (1938). A state law is substantive if (1) it is outcome determinative, and (2) failing to apply it in federal court would promote forum shopping and the inequitable administration of the law. See Hanna v. Plumer, 380 U. S. 460, 467–469 (1965). After applying this test, the Third Circuit concluded that § 6853 is substantive and affirmed the dismissal of Berk's suit. See 2024 WL 3534482, *3–*4.

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.