Cohen v. Beneficial Industrial Loan Corp.
- 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 |
| Holding |
| 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.
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
- ^ Yeazell, S.C. Civil Procedure, Seventh Edition. Aspen Publishers, New York, NY: 2008, p. 236
External links
- Text of Cohen v. Benefit Indus. Loan Corp., 337 U.S. 541 (1949) is available from: Justia · Findlaw
Categories:
- United States Supreme Court cases
- Diversity jurisdiction case law
- 1949 in United States case law
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