CMT Hospital HIMA San Pablo Caguas v. Jose Suero-Algarin
Jurisdiction
1. Whether the decision below contravenes Erie Railroad v. Tompkins by granting respondent a recovery that is ten times larger than the recovery respondent could have obtained in puerto rico courts (and would be allowed to respondent's siblings in a parallel state court action).
2. Whether, under Gasperini v. Center for Humanities, Inc., federal courts sitting in diversity must apply state law excessiveness standards (as the second, Fourth, Fifth, Seventh, Eighth, Tenth and Eleventh Circuits have held), or the federal excessiveness standard (as the First, Sixth, and Ninth Circuits have held).
Whether the decision below contravenes Erie Railroad v. Tompkins by granting respondent a recovery that is ten times larger than the recovery respondent could have obtained in Puerto Rico courts