Frieda Mae Rogers, fka Frieda Rogers Roen, et al. v. Wilmington Trust Company, et al.
ERISA Privacy JusticiabilityDoctri
1. May the court of appeals override the parties' factual
stipulation crucial to petitioners' right to recover,
contrary to this Court's precedents as well as the
decisions of inferior federal courts, all holding that factual
stipulations are final and binding on the parties and the
litigation itself as judicial admissions?
2. Did the court of appeals violate the federalism principle
of Erie R. Co. v. Tompkins, 304 U.S. 64 (1938) when it
created contrary to Delaware statutory law new
substantive State law about what constitutes a"report"
under 12 Del. Code § 3585 for purposes of triggering the
statutes of limitations for bringing suit, a result causing
substantial variation in outcomes between State and
federal litigation, influencing the choice of a forum for
future litigants and depriving petitioners of property
rights they would otherwise enjoy in State court?
May-the-court-of-appeals-override-the-parties'-factual-stipulation