CONFLICT OF LAWS-LIMITATION OF ACTIONS-STATUTE OF FORUM SHORTER THAN LIMITATION IN FOREIGN STATUTE CREATING CAUSE OF ACTION

Authors

John J. Gaskell S.Ed., University of Michigan Law SchoolFollow

Abstract

Action was brought in a United States district court of Pennsylvania to recover for a death by wrongful act which occurred in Minnesota. The action was brought within the time limit of two years allowed by the Minnesota statute, but after the period of one year designated by the Pennsylvania statute for commencement of such action. The district court gave judgment for the defendant. On appeal, held, affirmed. Federal courts in diversity cases are bound by state rules of conflict of laws, and consequently the Pennsylvania rule that no action for wrongful death can be brought in Pennsylvania after the one year period of its statute controls, irrespective of the duration of the right under the statute creating it. Hughes v. Lucker, (3d Cir. 1949) 174 F. (2d) 285.

Recommended Citation

John J. Gaskell S.Ed., CONFLICT OF LAWS-LIMITATION OF ACTIONS-STATUTE OF FORUM SHORTER THAN LIMITATION IN FOREIGN STATUTE CREATING CAUSE OF ACTION, 48 Mich. L. Rev. 870 (1950).
Available at: https://repository.law.umich.edu/mlr/vol48/iss6/15