Len Boogaard v. National Hockey League

Barrett, Circuit Judge.

Len and Joanne Boogaard appeal the dismissal of the wrongful-death action they brought as the personal representatives of the estate of their son, Derek Boogaard. They devote their appeal almost entirely to arguments that would spark excitement-or fear-in the heart of a civil procedure student. There is a Hanna v. Plumer problem-whether Federal Rule of Civil Procedure 17(b)(3) controls the Boogaards' ability to bring this suit. 380 U.S. 460 , 85 S.Ct. 1136 , 14 L.Ed.2d 8 (1965). There is an Erie Railroad Co. v. Tompkins question-whether federal or state law applies if…