Legal Opinion

Krela Ex Rel. Estate of Kryla v. Kryla

Court of Appeals for the Ninth Circuit

Decided October 20, 2014No. 13-35228Unpublished

1Opinion of the Court

MEMORANDUM **

Gary and Linda Erela appeal from the district court’s dismissal of their diversity action, in which they alleged claims of wrongful death, negligence under Oregon’s survivor statute, elder abuse, and professional negligence. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. 1

The district court properly considered Oregon law in determining whether the Erelas had standing to bring their Oregon statutory claims. A federal court exercising diversity jurisdiction must apply state substantive law. Goldberg v. Pac. Indem. Co., 627 F.3d 752, 755 (9th Cir.2010) (citing Erie R.R.…

2Cases cited5 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Goldberg v. Pacific Indemnity Co.Court of Appeals for the Ninth Circuit · 2010
  3. Mendez v. WalkerOregon Supreme Court · 1975
  4. Brown v. HackneyCourt of Appeals of Oregon · 2009
  5. Taylor v. Lane CountyCourt of Appeals of Oregon · 2007

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