Erie

[Sue Cowell <scowell@kentlaw.edu>]

Swift said that local matters included application of state laws and
their construction by state courts apply to rights and titles in real
estate, and other matters immovable.  Federal common law should only
apply to items not dependent on local usages of a fixed and permanent
operation.  It could be argued then that Erie concerned a local matter
because it involved the railroad's right/duties to their right of way to
land so federal law should not have even been considered.  Neither party
appeared to argue this point.