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Hi all,

When a diversity case is transferred, does the CoL rule of the transferor court's state follow the case?

I believe it's yes-- Klaxon says the district court must use the state CoL (treating it as substantive?); Van Dusen/Ferens says transferor's law follows to the transferee court.

Unfortunately I can't find a case on point. Ideas? Thanks.

nuseph wrote:Hi all,

When a diversity case is transferred, does the CoL rule of the transferor court's state follow the case?

I believe it's yes-- Klaxon says the district court must use the state CoL (treating it as substantive?); Van Dusen/Ferens says transferor's law follows to the transferee court.

Unfortunately I can't find a case on point. Ideas? Thanks.

Yes. You've answered your own question.

Yeah you are right. There is a pretty good breakdown of this in the E&E which talks about how this rule can lead to some artful pleading.