pleading standard e.g. Twiqbal (some states have Twiqbal standards) v. notice – pleading probably Va law Thus, in a horizontal context (that is, when a state court takes a sister state cause of action) we can say the following: Substantive = state that created the rule wants it to follow the state’s causes of action into other court systems Procedural = state that created the rule wants it to apply only in the state’s own courts Forum entertaining a sister state cause of action has a duty only to respect the sister state’s substantive law (including sister state procedural rules bound up with the sister state cause of action) NOTE: a state court might use the sister state’s statute of limitations not because it thinks the sister state’s officials want it to use their limitations period, but for its own reasons. EG Virginia state courts have a generous 3 year statute of limitations for tort. Too many people are coming to Va. state court to sue under sister state causes of action. So Virginia enacts a borrowing statute The Va. statute of limitations for tort incorporates the time period of the state that provides the cause of action. OK, now what is the procedural power of a federal court entertaining a state law cause of action? At first, things start looking much like the horizontal inquiry P sues D in federal court in New York under New York law. New York law puts the burden of persuasion concerning lack of contributory negligence on the plaintiff. Can the federal court use a federal common law rule putting the burden on the defendant to prove the contributory negligence of the plaintiff instead? No must use NY law - Palmer v. Hoffman (US 1943) – But then, things start turning out differently
pleading standard – e.g. Twiqbal (some states have Twiqbal standards) v. notice pleading probably Va law Thus, in a horizontal context (that is, when a state court takes a sister state cause of action) we can say the following: Substantive = state that created the rule wants it to follow the state’s causes of action into other court systems Procedural = state that created the rule wants it to apply only in the state’s own courts Forum entertaining a sister state cause of action has a duty only to respect the sister state’s substantive law (including sister state procedural rules bound up with the sister state cause of action) NOTE: a state court might use the sister state’s statute of limitations not because it thinks the sister state’s officials want it to use their limitations period, but for its own reasons. EG Virginia state courts have a generous 3 year statute of limitations for tort. Too many people are coming to Va. state court to sue under sister state causes of action. So Virginia enacts a borrowing statute The Va. statute of limitations for tort incorporates the time period of the state that provides the cause of action. OK, now what is the procedural power of a federal court entertaining a state law cause of action? At first, things start looking much like the horizontal inquiry P sues D in federal court in New York under New York law. New York law puts the burden of persuasion concerning lack of contributory negligence on the plaintiff. Can the federal court use a federal common law rule putting the burden on the defendant to prove the contributory negligence of the plaintiff instead? No – must use NY law - Palmer v. Hoffman (US 1943) But then, things start turning out differently