Sibbach v. Wilson & Co.

Sibbach v. Wilson & Co.

Argued December 17, 1940
Decided January 13, 1941
Full case name Sibbach v. Wilson & Company, Incorporated
Citations

312 U.S. 1 (more)

61 S. Ct. 422; 85 L. Ed. 479; 1941 U.S. LEXIS 1032
Prior history Cert. to the Circuit Court of Appeals for the Seventh Circuit
Holding
In a diversity jurisdiction case, important and substantial procedures are considered "Procedural" not "Substantive" and the Federal Rules of Civil Procedure apply.
Court membership
Chief Justice
Charles E. Hughes
Case opinions
Majority Roberts, joined by Hughes, McReynolds, Stone, Reed
Dissent Frankfurter, joined by Black, Douglas, Murphy

Sibbach v. Wilson & Co., 312 U.S. 1 (1941), was a decision by the United States Supreme Court in which the Court held that under American law important and substantial procedures are not substantive, rather they are still considered procedural, and federal law applies.

This was a post-Erie decision, and thus the decision whether to apply the law of the state of jurisdiction or uniform federal rules depended on whether the rule in question was procedural or substantive in nature.

External links

See also


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