In reviewing a diversity case, does the 9th Circuit overrule a district judge on the question of state law?

MultiRegion, United States of America

The following excerpt is from Power v. Union Pac. R. Co., 655 F.2d 1380 (9th Cir. 1981):

In reviewing a diversity case, we do "not overrule a district judge on the question of state law unless the judge's findings are 'clearly wrong'." Gee v. Tenneco, Inc., 615 F.2d 857, 861 (9th Cir. 1980). "While this circuit does not regard the district judge's presumed expertise in the law of his or her own state to be infallible," we nonetheless regard "the standard of review on this issue as one which does restrict ... scrutiny of the district judge's determination." Id.

We may regard a finding of fact as clearly erroneous not only if it is without

Page 1383

Other Questions


Can a judge appeal an adverse decision from the District Court of Appeal assigned to the same district judge as he had previously ruled against the same judge? (MultiRegion, United States of America)
What is the current state of the law in cases where a reinstated order is reviewed by an immigration judge? (MultiRegion, United States of America)
In a civil case, what is the current state of the law on the right to question a witness in question? (MultiRegion, United States of America)
What are some cases where the US Supreme Court has ruled in favour of a motion by a federal district judge in a civil case? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
What is the test for reviewing a decision by a district judge to reconsider an interlocutory order by another judge of the same court? (MultiRegion, United States of America)
What is the difference between a trial judge and a jury in a case where the trial judge declined even to examine the documents after reviewing the documents? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
What is the current state of the law in the context of a federal district court's analysis of mixed questions of fact and law in a constitutional case? (MultiRegion, United States of America)
Is there any case law where the trial judge did what the state judge did? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.