Legal Opinion · Dissent

Hakimoglu v. Trump Taj Mahal Associates

Court of Appeals for the Third Circuit

Decided November 20, 1995No. 95-5022, 95-5087Unknown

1DissentBecker, Circuit Judge

Ayhan Hakimoglu played his hand, and lost. Now we are being asked to make our own bet. Sitting in diversity, we must predict how the highest court of New Jersey would rule. See Robertson v. Allied Signal, Inc., 914 F.2d 360, 378 (3d Cir.1990). As the majority points out, we must make this prediction with little guidance from New Jersey law. But that is an incident — and a flaw — of the regime of diversity jurisdiction. I believe that the New Jersey Supreme Court would recognize a cause of action, in tort, allowing patrons to recover gambling debts from casinos that serve them alcohol after…

2Cases cited43 opinions

  1. Henningsen v. Bloomfield Motors, Inc.Supreme Court of New Jersey · 1960
  2. Geary v. United States Steel Corp.Supreme Court of Pennsylvania · 1974
  3. Azzarello v. Black Bros. Co., Inc.Supreme Court of Pennsylvania · 1978
  4. Hopkins v. Fox & Lazo RealtorsSupreme Court of New Jersey · 1993
  5. Sondra L. McKenna and James R. McKenna v. Ortho Pharmaceutical CorporationCourt of Appeals for the Third Circuit · 1980

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