Legal Opinion

Jarvis v. Johnson

Court of Appeals for the Third Circuit

Decided January 11, 1982No. 80-1951PublishedCited by 97 opinions

1Opinion of the Court

OPINION OF THE COURT

GARTH, Circuit Judge.

This appeal requires us to determine whether Rule 238 of the Pennsylvania Rules of Civil Procedure, which provides for prejudgment interest in tort cases, must be applied in a diversity action brought in a federal district court in Pennsylvania.

The district court held that Rule 238 was a “procedural” rule and that therefore prejudgment interest was not available in a federal court under the doctrine first enunciated in Erie R.R. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938). Jarvis v. Johnson, 491 F.Supp. 389 (W.D.Pa.1980). Two other…

2Cases cited37 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  3. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  4. Hanna v. PlumerSupreme Court of the United States · 1965
  5. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945

32 more not listed; retrieve them via the Exa API.

3Cited by97 opinions

  1. Savarese v. AgrissCourt of Appeals for the Third Circuit · 1989
  2. Meyer v. Cuna Mutual Insurance SocietyCourt of Appeals for the Third Circuit · 2011
  3. Sun Ship, Inc., and Cross-Appellee v. Matson Navigation Co., and Cross-AppellantCourt of Appeals for the Third Circuit · 1986
  4. Morris v. Watsco, Inc.Massachusetts Supreme Judicial Court · 1982
  5. S.A. Healy Company v. Milwaukee Metropolitan Sewerage DistrictCourt of Appeals for the Seventh Circuit · 1995

92 more not listed; retrieve them via the Exa API.

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