Smith v. Metropolitan Property & Liability Insurance

I respectfully dissent. When Congress chooses to abolish diversity jurisdiction, as I hope it will, the federal courts will be spared the burdensome task of divining state law in cases like this one. Until Congress does so, however, it is our obligation to decide these matters. Although I deeply deplore the burden placed upon us by the no-longer-warranted or necessary imposition of diversity jurisdiction upon federal courts, see also Tobin v. Slutsky, 506 F.2d 1097 (2d Cir. 1974); Modave v. Long Island Jewish Medical Center, 501 F.2d 1065, 1067 & n. 2 (2d Cir. 1974); Phillips, Nizer,…