context: As was the case in Henning, we are here presented with an "express indication" of a state legislature's "special interest in providing litigants" with full compensation for reasonable sums expended in pursuit of an Oil Spill Act claim.
citation_a.signal: no signal
citation_a.identifier: 953 F.2d 886, 886
citation_a.parenthetical: "Congress has no power to declare substantive rules of common law applicable in a State ..-.."
citation_a.sentence: Chevalier, 953 F.2d at 886. Because “the measure of damages is a matter of state substantive law,” Barbier, 948 F.2d at 122, it would do violence to the principles enunciated in Erie to disregard Oregon law in favor of § 1821(b). See Erie, 304 U.S. at 78, 58 S.Ct. 817 (“Congress has no power to declare substantive rules of common law applicable in a State ..-..”); see also Freeman, 865 F.2d at 1348(“It would turn things topsy-turvy to saddle [Oil Spill Act] claimants — no matter how galling their deprivations or how vindicatory the outcome of their suits — with whopping fees for the services of expert witnesses.”).
citation_b.signal: see also
citation_b.identifier: 865 F.2d 1348, 1348
citation_b.parenthetical: "It would turn things topsy-turvy to saddle [Oil Spill Act] claimants -- no matter how galling their deprivations or how vindicatory the outcome of their suits -- with whopping fees for the services of expert witnesses."
citation_b.sentence: Chevalier, 953 F.2d at 886. Because “the measure of damages is a matter of state substantive law,” Barbier, 948 F.2d at 122, it would do violence to the principles enunciated in Erie to disregard Oregon law in favor of § 1821(b). See Erie, 304 U.S. at 78, 58 S.Ct. 817 (“Congress has no power to declare substantive rules of common law applicable in a State ..-..”); see also Freeman, 865 F.2d at 1348(“It would turn things topsy-turvy to saddle [Oil Spill Act] claimants — no matter how galling their deprivations or how vindicatory the outcome of their suits — with whopping fees for the services of expert witnesses.”).