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Which Preclusion Law Applies?

1st Court (Judgment rendering court)


State A Federal Question
Court
Federal Diversity
Court
Second
Court
State B State A's preclusion
law applies
FF&C
Constitution
Federal preclusion
law applies
Reverse of 1738
I in State A when
!nd suit is "rou#ht
in State B$ will
apply State A's
preclusion law
State where
federa court was
sitting at the time
Federal
Court
State A's preclusion
law applies
1738
Federal preclusion
law applies
I in State A when
!nd suit is "rou#ht
in State B$ will
apply State A's
preclusion law
State where
federa court was
sitting at the time
%%
%%&nless usin# State A's law would inhi"it a stron# ederal interest in usin# their
preclusion law