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Every lawyer learned early in law school that federal courts are bound by the decisions of a state's highest court interpreting state law. That is what Erie teaches. And in the absence of state supreme court precedent, Erie's progeny instructs federal courts to give proper regard to relevant rulings of lower courts of the state. Commissioner v. Estate of Bosch, 387 U.S. 456, 465 (1967).
July 21, 2003 at 12:00 AM
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The original version of this story was published on National Law Journal
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