Cohen v. Beneficial Industrial Loan Corp.

Cohen v. Beneficial Industrial Loan Corp.

Supreme Court of the United States
Argued April 18, 1949
Decided June 20, 1949
Full case name Cohen, et al. v. Beneficial Industrial Loan Corp., et al.
Citations 337 U.S. 541 (more)
69 S. Ct. 1221; 93 L. Ed. 1528
Court membership
Case opinions
Majority Jackson, joined by Vinson, Black, Reed, Murphy, Burton
Concur/dissent Douglas, joined by Frankfurter
Dissent Rutledge
Laws applied
Federal Rules of Civil Procedure

Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949), was a case decided by the United States Supreme Court in the wake of the decision in Guaranty Trust Co. v. York that signified a high deference to state law in choice of law issues for federal courts sitting in diversity.

Contents

Decision

The case involved a small shareholder suing a corporation, and a New Jersey statute required the shareholder to post bond for expenses. The Federal Rules of Civil Procedure did not require such a bond, and the court held that the state law should be followed. The court reasoned that the state law created a liability for litigation expenses that should be included.[1]

See also

References

  1. ^ Yeazell, S.C. Civil Procedure, Seventh Edition. Aspen Publishers, New York, NY: 2008, p. 236

External links