Legal Opinion · Concurring in part, dissenting in part

Christopherson v. Deere & Co.

Court of Appeals for the Eighth Circuit

Decided August 12, 1991No. 90-2231Published

1Concurring in part, dissenting in partHeaney, Senior Circuit Judge

I concur with the majority’s opinion in all respects except on the joint and several liability issue. In my opinion, the majority’s opinion contradicts Iowa law on this issue.

Because the joint and several liability issue is purely one of interpreting the law of Iowa, we are bound to follow the decisions of the Iowa courts. Moreover, under Salve Regina College v. Russell, — U.S. -, 111 S.Ct. 1217, 1221, 113 L.Ed.2d 190 (1991), we are no longer required to substantially defer to the district court’s interpretation of the law of the state in which it sits. With these standards in mind, I believe…

2Cases cited6 opinions

  1. Salve Regina College v. RussellSupreme Court of the United States · 1991
  2. Goetzman v. WichernSupreme Court of Iowa · 1982
  3. Cornell v. LanglandAppellate Court of Illinois · 1982
  4. Johnson v. JunkmannSupreme Court of Iowa · 1986
  5. Rozevink v. FarisSupreme Court of Iowa · 1983

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