X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
()

Under ordinary circumstances, New York appellate practice is divided between two non-overlapping court systems. Federal appeals are heard by the U.S. Court of Appeals for the Second Circuit, whose decisions are reviewable only by the U.S. Supreme Court; state appeals are heard by the four departments of the appellate division, whose decisions are reviewable by the New York Court of Appeals. But in a large number of cases—more here than in other part of the country—the two systems talk to each other, through the use of the certification process.

Certification is a procedure by which a federal court can ask that a state court rule on an issue of state law.1 Federal courts are asked to interpret state law all the time—either because they are sitting in diversity, exercising supplemental jurisdiction, or hearing cases removed to federal court pursuant to statutes like the Class Action Fairness Act. In the vast majority of those cases, the state laws at issue are clear, and federal courts are well equipped to apply them. But in cases where state law is ambiguous, or the issue is novel and important, many federal courts have the option to ask for help: They can issue an order “certifying a question” to a state’s high court, asking that the state court consider and decide the question in the first instance.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

Dig Deeper

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.